Sunil Bhagwanrao Warpade And Others v. The State Of Maharashtra Through Its Principal Secretary And Others

2024:BHC-AUG:18161-DB 1 947.WP-8649-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8649 OF 2024 SUNIL BHAGWANRAO WARPADE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...

Advocate for Petitioners : Mr. Panpatte V. S. AGP for Respondents/State : Mr. V.M. Jaware ...

CORAM : MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 14 AUGUST 2024 PER COURT :

.

Heard.

2.

Petitioners' proposals seeking approval to their appointments came to be rejected by the respondent No. 2/Deputy Director of Education vide impugned orders dated 29.08.2022; 29.08.2022; 31.07.2023 and 27.12.2022 (Exhibit-J) only on the ground that the procedure as contemplated by the Government Resolution dated 23.06.2017 was not followed.

3.

We have already taken a view by order dated 10.06.2024 in Writ Petition No. 13150 of 2022 in the matter of Shaikh Jaweria Khadarsab Vs. The State of Maharashtra and others that the

2 947.WP-8649-2024.doc Education Officer/Deputy Director of Education has to conduct objective scrutiny of the proposal and it cannot be rejected only on the ground that procedure as contemplated by the Government Resolution was not followed.

4.

In that view of the matter, we dispose of the petition by quashing the impugned orders and directing the respondent No. 2/Deputy Director of Education to reconsider the proposals of the petitioners for grant of approval to their appointments on its own merits. The decision shall be taken as expeditiously as possible and in any case within a period of four (04) weeks from today. However, same shall not be rejected on the grounds mentioned in the impugned order.

[ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.] Najeeb..