Jayashri Sanjay Patil And Another v. The State Of Maharashtra Through Its Principal Secretary And Others

2024:BHC-AUG:26200-DB 975 WP 11910 24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11910 OF 2024 1) Jayashri d/o Sanjay Patil 2) Dhananjay d/o Sanjay Patil ...

Petitioners.

VERSUS

1) The State of Maharashtra and others ...

Respondents.

...

Advocate for Petitioners : Mr. V.S. Panpatte Advocate for Respondents/State : Mr. R.S. Wani

CORAM

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

DATE : 23.10.2024 PER COURT :

Heard.

2.

Petitioners' proposals seeking approval to their appointments came to be rejected by respondent No.2 - Deputy Director of Education, Nashik Division, Nashik, vide communication dated 07.10.2024, only on the ground that the procedure as contemplated by the Government Resolutions dated 23.06.2017, 20.06.208 and 07.02.2019 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 1/2

975 WP 11910 24.odt the Government Resolutions was not followed.

4.

In that view of the matter, we dispose of the petition by quashing the communication dated 07.10.2024 and directing the respondent No.2respondent No.2 - Deputy Director of Education, Nashik Division, Nashik, to reconsider the proposals of the petitioners for grant of approval to their appointments 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