Babu Ram Dikale v. The State Of Maharashtra Through Its Principal Secretary And Others

2024:BHC-AUG:19545-DB 1 28.WP-9141-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9141 OF 2024 BABU RAM DIKALE

VERSUS

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

Advocate for Petitioner : Mr. Kausalye S. P.

AGP for Respondents/State : Mr. S.P. Joshi ...

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

DATE : 26 AUGUST 2024 PER COURT :

.

Heard.

2.

The petitioner is challenging the order passed by the respondent no.3/Deputy Director of Education, Latur dated 01.01.2024, refusing to grant approval to his appointment on the ground that the appointment was not made through the Pavitra Portal in the light of the Government Resolution dated 23.06.2017. 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

2 28.WP-9141-2024.doc the ground that procedure as contemplated by the Government Resolution was not followed.

4.

In that view of the matter, we dispose of writ petition by quashing the impugned order dated 01.01.2024 and directing the respondent no.3/ Deputy Director of Education, Latur to reconsider the proposal of the petitioner for grant of approval to his appointment 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..