Sanskar Prabhodhni Primary School Aurangabad Through Its Head Master S P Borse v. The State Of Maharashtra And Others

1 WP 11889 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Writ Petition No.11889 of 2016 Sanskar Prabhodhini Primary School Aurangabad.

.. Petitioner.

Versus

The State of Maharashtra And Others.

.. Respondents.

---- Shri. Vithalrao G. Salgare, Advocate, for petitioner. Shri. S.G. Karlekar, Assistant Government Pleader, for respondent Nos.1 and 2.

Shri. D.K. Rajput, Advocate, for respondent No.3. ---- Coram: Dr. MANJULA CHELLUR, CJ & R.M. BORDE, J.

Date : 30 June 2017 ORDER:

1) The petitioner is praying for issuing direction to the respondents to take decision on the proposal tendered for grant of staff approval to the employees appointed by the petitioner-institution. It appears that since the year 2012 onwards the petitioner is tendering proposals

2 WP 11889 of 2016 seeking approval to the appointment of the staff. However the proposal was not granted by the concerned authority. It is further contended that direction shall be issued to the respondent Nos.1 to 3 to grant staff approval in accordance with the Government Resolution dated 28-82015. 2) The learned counsel for the respondent No.3 submitted on instructions that the procedure prescribed under the aforesaid Government Resolution has not been adhered to by the petitioner. It is further informed that the petitioner is expected to tender necessary information by entering the relevant data on Saral portal of the Education Department and thereafter Commissioner of Education is expected to apply his mind and issue necessary orders. The orders issued by the Commissioner are required to be communicated by the Education Officer (Primary). 3) Admittedly the petitioner has not tendered the proposal in contemplation of the Government Resolution dated 28-8-2015. The petitioner shall tender the proposal seeking approval to the appointments of the members of

3 WP 11889 of 2016 the staff in accordance with the procedure prescribed. If the petitioner tenders proper proposal the respondents may take decision thereon in accordance with the relevant guidelines and the policy prescribed by the State. With the directions as above, the writ petition stands disposed of.

Sd/- Sd/- (R.M. BORDE, J.) (CHIEF JUSTICE) rsl