Madhav Namdeo Kabir v. The State Of Maharashtra Through Its Principal Secretary And Others

2024:BHC-AUG:17330-DB 1 wp 8415.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8415 OF 2024 Madhav Namdeo Kabir .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Ganesh A. Gadhe, Advocate for the Petitioner. Shri N. D. Batule, A.G.P. for the Respondent Nos. 1 to 3. CORAM : MANGESH S. PATIL AND SHAILESH P. BRAHME, JJ.

DATE : 08 AUGUST, 2024.

FINAL ORDER (Per Shailesh P. Brahme, J.) :- .

Heard.

2.

Petitioner's proposal seeking approval to his appointment came to be rejected by the respondent No. 2/Deputy Director of Education, Aurangabad Division, Aurangabad vide communication dated 11 September, 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

2 wp 8415.24 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 11 September 2023 and directing the respondent No. 2/Deputy Director of Education 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 communication. [ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] bsb/Aug. 24