Pratibha Vikram Tayade And Others v. The State Of Maharashtra Through Its Secretary And Another

2024:BHC-AUG:25011-DB 933 WP 11512 24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 WRIT PETITION NO. 11512 OF 2024 1) Smt. Pratibha Vikram Tayade 2) Smt. Sneha Vilas Wanjari 3) Kalpesh Kailas Patil ...

Petitioners

VERSUS

1) The State of Maharashtra and another ...

Respondents ...

Advocate for the Petitioner : Mr. Barlinge Sudhir Raghunath AGP for Respondents: Mr. V.M. Kagne ...

CORAM

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

DATE : 15.10.2024 PER COURT :

Heard.

2.

Petitioners' proposals seeking approval to their appointment came to be rejected by respondent No.2 - Education Officer (Secondary), Zilla Parishad, Jalgaon, vide communication dated 29.12.2023, 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 1/2

933 WP 11512 24.odt communication dated 29.12.2023 and directing respondent No.2- Education Officer (Secondary), Zilla Parishad, Jalgaon, to reconsider the proposals of the petitioners for grant of approval to their appointment 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.) mkd/- 2/2