Aishwarya Makardhwaj Shinde Alias Aishwarya Nilkanth Mhaske v. The State Of Maharashtra Through The Secretary And Others
2024:BHC-AUG:24561-DB (1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.10314 OF 2024 Aishwarya Makardhwaj Shinde @ Aishwarya Nilkanth Mhaske Age: 25 yrs., Occu. Nil, R/o. Sautada, Tq. Patoda, Dist. Beed.
..Petitioner
Versus
1.
The State of Maharashtra Through the Secretary Rural Development Department Mantralaya Mumbai-32 2.
The Secretary Government of Maharashtra Department of Skills, Employment, Entrepreneurship and innovation.
3.
The Chief Executive Officer, Zilla Parishad, Beed.
4.
The Education Officer Primary, Zilla Parishad, Beed.
5.
The Block Education Officer, Panchayat Samiti, Patoda.
6.
The Head Master Zilla Parishad High School Tq. Patoda, Dist. Beed.
7.
Ganesh Sheshrao Sanap Age: Major yrs. Occu. Service R/o. Sautada, Tq. Patoda Dist. Beed.
..Respondents ...
Mr. N. L. Jadhav, Advocate for the Petitioner. Ms. R. P. Gaur, AGP for Respondent-State.
Mr. P. D. Suryawanshi, Advocate for Respondent Nos.3 to 6. ...
CORAM : SMT. VIBHA KANKANWADI AND S. G. CHAPALGAONKAR, JJ.
DATED : 07th OCTOBER, 2024.
(2) ORDER (Per S. G. Chapalgaonkar, J):- 1.
The petitioner impugns order dated 26.08.2024 passed by respondent no.6-Headmaster, Zilla Parishad High School, Tq. Patoda, Dist. Beed, by which application of the petitioner for appointment on the post of trainee teacher was declined consideration giving reason that Government Resolution dated 09.07.2024 provides for appointment of male candidates only and female candidates are not eligible for consideration. 2.
Mr. Jadhav, learned Advocate appearing for petitioner submits that petitioner had applied for selection and appointment on the post of trainee teacher in pursuance to the Government policy introduced under Government Resolution dated 09.07.2024, which prescribes for appointment of unemployed youth under the Chief Minister's Youth Training Scheme. However, her candidature was not considered giving reason that scheme prescribes appointment of male candidates only. 3.
After hearing Mr. Jadhav, we called upon Mr. Suryawanshi, learned Advocate appearing for respondent nos.3 to 6 to take instructions as to why petitioner's claim was declined. Mr. Suryawanshi took instructions in pursuance of our directions and placed on record a communication dated 05.09.2024 issued by respondent no.6-Headmaster, Zilla Parishad High School, Sautada, Tq. Patoda, Dist. Beed stating that since word Youth (Yuva) is used in the Government Resolution, the interpretation was adopted that only male candidates are supposed to be considered under the Scheme. Hence, Mr. Ganesh Sheshrao Sanap was considered for appointment in exclusion of female candidates. However, selection of Mr. Ganesh Sanap is now canceled and claim of all eligible
(3) candidates would be considered and selection process would be completed within a period of three days.
4.
We hope and trust that respondent-authorities would not adopt weird interpretation of wordings employed in Government Resolution. The term Yuva (Youth) employed under Government Resolution cannot be interpreted to exclude female candidates. The term Yuva (Youth) denotes young candidates, irrespective of gender.
5.
In that view of the matter, writ petition stands disposed of with direction to respondent-authorities to consider petitioner's claim alongwith other eligible candidates, on its own merits for the post of trainee teacher.
(S. G. CHAPALGAONKAR) (SMT. VIBHA KANKANWADI) JUDGE JUDGE Devendra/October-2024