Vishwabhushan Kisan Gaikwad v. The State Of Maharashtra And Others

(1) WP No.11536/2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

WRIT PETITION NO. 11536 OF 2014 Vishwabhushan Kisan Gaikwad.

Petitioner.

Versus

State of Maharashtra and others.

Respondents.

*** Mr. M.S. Kulkarni, Advocate for the petitioner. Mr. R.B. Bagul, A.G.P. for the State/respondent Nos.1 to 4. Mr. A.V. Hon, Advocate for respondent No.5.

*** CORAM : T.V. NALAWADE AND SUNIL K. KOTWAL, JJ.

Dated :

30 January 2019.

ORDER :- .

The petition is filed for giving direction to the respondents to consider the proposal submitted by the Employer of the petitioner for giving approval to the appointment of petitioner in Inclusive Education of the Disabled at Secondary Stage (IEDSS) Unit of the school as a Teacher.

(2) WP No.11536/2014 2.

Learned Counsel for the petitioner took this Court through voluminous correspondence made in respect of the proposal which includes the recommendation made by Education Officer (Secondary) to the Deputy Director of Education and correspondence made by Director of Education with Deputy Director, to see that the things are expedited. It appears that lastly by the Notification dated 22.01.2018, the Deputy Director again asked the Director of Education to confirm that there was hurdle in giving approval in respect of the appointment of petitioner.

3.

The proposal is pending since the year 2012. If there is recommendation of the Education Officer, then the Competent Authority ought to have taken appropriate decision immediately, but it appears that for years together the proposal is kept pending. It can be said that the registration of permission of Unit was cancelled for some time, but cancellation order is set aside by this Court and at least after that the things ought to have expedited. In view of this circumstance, this Court holds that direction needs to be given to the respondents to take the decision on the proposal within 45 days from today.

(3) WP No.11536/2014 4.

In the above terms, the petition is allowed and disposed of.

( SUNIL K. KOTWAL) ( T.V. NALAWADE ) JUDGE JUDGE vdd/