Poonam Divan Salunkhe v. The State Of Maharashtra And Others

2024:BHC-AUG:15377-DB 1 wp 14406.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14406 OF 2021 Poonam Divan Salunkhe .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Mukul S. Kulkarni, Advocate for the Petitioner. Shri R. S. Wani, A.G.P. for the Respondent Nos. 1 and 2. Shri Ujwal Patil, Advocate for the Respondent Nos. 3 and 4. AND WRIT PETITION NO. 14437 OF 2021 Ajay Nathu Patil .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Mukul S. Kulkarni, Advocate for the Petitioner. Shri K. N. Lokhande, A.G.P. for the Respondent Nos. 1 and 2. Shri Ujwal Patil, Advocate for the Respondent Nos. 3 and 4. CORAM : MANGESH S. PATIL AND SHAILESH P. BRAHME, JJ.

DATE : 23 JULY, 2024.

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

Heard both sides finally.

2.

Petitioners are challenging orders passed by the respondent/Education Officer rejecting the proposals which were forwarded seeking approval to their appointments. The Education Officer has assigned various reasons including non compliance of the Government Resolution dated 23.06.2017.

2 wp 14406.21 3.

The learned counsel Mr. Ujwal Patil appearing for the respondent Nos. 3 and 4 submits that management is ready to remove all the deficiencies and ready to submit documentary evidence to demonstrate that the appointments have been made after following due procedure of law.

4.

We have already taken a view of 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 procedure for appointment as contemplated by G. R. dated 23.06.2017 has not been put to effective use till this date. Under these circumstances, ends of justice would be met by relegating the parties to the Education Officer for deciding proposals afresh and granting opportunity to the management to cure the deficiencies.

5.

Both the writ petitions are disposed of with direction to the Education Officer to reconsider proposals of the petitioners for grant of approvals afresh, on their own merits. The respondent/management shall cure the deficiencies and submit the relevant documents before the Education Officer. The decision shall be taken as expeditiously as possible and in any case within a period of four (04) weeks from today. However, the respondent/Education Officer shall not reject the same for the reasons of non compliance of G. R. dated 23.06.2017. [ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] bsb/July 24