Sachin Machindra Badgire And Others v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:17581-DB 964.WP.13256.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.13256 OF 2023 1.

Sachin S/o Machindra Badgire 2.

Rupali D/o Kisan Bundhe 3.

Sangita D/o Gangadhar Chate 4.

Pankaj S/o Panditrao Tarwade 5.

Gangadhar S/o Dattatraya Dahiphale ... PETITIONERS

VERSUS

1.

The State of Maharashtra, through its Secretary, Education Department, Mantralaya, Mumbai-32.

2.

The Deputy Director of Education Aurangabad Division, Aurangabad 3.

The Education Officer, (Secondary) Zilla Parishad, Parbhani 4.

Yuvak Vikas Shikshan Prasarak Mandal Pimpaldari, Tq. Gangakhed, Dist. Parbhani, through its President/Secretary 5.

Sumantai Gavane Secondary School, Varma Nagar, Parbhani Tq. & Dist. Parbhani, through its Head Master ... RESPONDENTS ...

Advocate for the Petitioners : Mr. Maniyar Irfan D. AGP for Respondents: Mr. S.P. Joshi Advocate for respondent Nos.4 & 5: Mr. A.P. Bhandari & Mr. K.D. Mundhe ...

CORAM

: MANGESH S. PATIL & S.G. CHAPALGAONKAR, JJ.

DATE : 09.08.2024 PER COURT:

Heard.

2.

Petitioners' proposals seeking approval to their appointments came to be rejected by the respondent No. 3 - Education Officer 1/2

964.WP.13256.23.odt (Secondary) Zilla Parishad, Parbhani vide communication dated 20 April 2023 only on the ground that the procedure as contemplated by the Government Resolution dated 20.06.2018 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 communication dated 20 April 2023 and directing the respondent No.3- Education Officer (Secondary) Zilla Parishad, Parbhani to reconsider the proposal 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 communication.

(S.G. CHAPALGAONKAR, J.) (MANGESH S. PATIL, J.) habeeb 2/2