Baban Shankarrao Jodhale And Others v. The State Of Maharashtra Through Its Principal Secretary And Others
2024:BHC-AUG:18920-DB 924.WP.8921.24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.8921 OF 2024 1.
Shri. Baban s/o Shankarrao Jondhale 2.
Shri. Rahul s/o Raghoba Waghmare 3.
Shri. Kishan s/o Yadav Pavitre 4.
Shri. Sidram s/o Vitthalrao Kyadarkunte 5.
Shri. Madhav s/o Laxman Mise ...
PETITIONERS
VERSUS
1.
The State of Maharashtra through its Principal Secretary, School Education Department, Mantralaya, Mumbai-32.
2.
The Deputy Director of Education Latur Division, Latur.
3.
Shri. Shivaji Mofat Education Society, Kandhar Tq. Kandhar, Dist. Nanded through its President 4.
Shri. Shivaji Secondary and Higher Secondary High School, Barul Tq. Kandhar Dist. Nanded through its Head Master 5.
Shri. Shivaji College of Arts, Commerce and Science, Kandhar Tq. Kandhar Dist. Nanded through its Head Master ...
RESPONDENTS ...
Advocate for the Petitioner : Mr. Panpatte V. S. AGP for Respondents: Mr. S.R. Yadav - Lonikar ...
CORAM
: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.
DATE : 21.08.2024 PER COURT:
Heard.
2.
Petitioners' proposals seeking approval to their appointments came to be rejected by respondent No.2 - The Deputy Director of 1/2
924.WP.8921.24.odt Education Latur Division, Latur vide communications dated 29.08.2022, 22.12.2021, 04.10.2021, 13.09.2022 and 21.12.2023 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 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 communications dated 29.08.2022, 22.12.2021, 04.10.2021, 13.09.2022 and 21.12.2023 and directing the respondent No.2- The Deputy Director of Education Latur Division, Latur to reconsider the proposals of the petitioners for grant of approval to their appointments on their 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 communication.
(SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) habeeb 2/2