Khan Rafiya Haroon v. The State Of Maharashtra Through The Principal Secretary And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 957 CIVIL APPLICATION NO.12803 OF 2023 IN WP/13012/2022 PATHAN SALMAN MAHEMOOD

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND OTHERS AND CIVIL APPLICATION NO.12804 OF 2023 IN WP/13010/2022 KHAN RAFIYA HAROON

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND OTHERS AND CIVIL APPLICATION NO.12805 OF 2023 IN WP/13011/2022 PATEL ARSHIYA ZAKIR

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND OTHERS ....

Mr S. T. Shelke, Advocate for Applicants in all CAs; Mr P. S. Patil, A.G.P. for Respondent Nos.1 & 2 in all CAs Mr P. B. Shirsat, Advocate for Respondent No.3 in all CAs CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 3rd November, 2023

(2) PER COURT:

1.

All the Writ Petitions are pending hearing and admission. The Applicants/Petitioners are aggrieved that the proposals seeking approval to their appointments as 'Shikshan Sevak', have been rejected. The Civil Applications have been filed since the Petitioners developed an apprehension that, the new Management is likely to dispense with their services, after the exit of the earlier Management.

2.

We have heard the learned Advocates for the respective sides. The new Management has strenuously opposed these Applications.

3.

Since the Education Authority has passed the impugned order, refusing approvals to the orders of appointment of these Petitioners, they are under a threat of termination. Irreparable harm, serious prejudice and manifest inconvenience would be caused to the Petitioners if their services are terminated during the pendency of the Writ Petitions.

4.

In view of the above, all these Civil Applications are partly allowed. The Respondent/Management is directed, not to

(3) terminate the services of these Petitioners, only for the reason that they do not have an approval to their appointment. 5.

List all these Writ Petitions for admission/hearing on 19/12/2023.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk