Raver Shikshan Sanvardhaksangh Raver Through The Chairman And Another v. The State Of Maharashtra And Others

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4067 OF 2018 Raver Shikshan Sanvardhak Sangh, Raver ..

Petitioners Through The Chairman and anr.

Versus

The State of Maharashtra & Ors.

..

Respondents Mr.M.M.Bhokarikar, Advocate for the petitioners. Mr.C.S.Kulkarni, AGP for respondent/State.

CORAM : PRASANNA B.VARALE & S.M.GAVHANE, JJ.

DATED :

11.07.2018 P.C. :- 1.

Heard learned Counsel for the petitioners.

2.

A limited grievance is raised in the petition. The petitioner is an institute running secondary and higher secondary schools in the area of Raver Taluka, Dist.Jalgaon. Learned Counsel for the petitioners Mr.Bhokarikar invited our attention to the proposal submitted to respondent No.2 i.e. the Education Officer (Secondary), Zilla Parishad, Jalgaon. Perusal of the communication shows that the petitioner-institute requested respondent No.2 to grant approval to the appointment of one Mr.Kalpesh Nandkumar Raverkar and it was submitted to respondent No.2 that one Mr.R.G.

( 2 ) Barudwale, Dy. Head Master stood retired on 30.06.2017. On his retirement one seat was falling vacant, as such, considering need of the students taking education in the school, the petitioner-institute thought it fit to appoint Mr.Kalpesh Raverkar on the post of Shikshan Sevak from 01.07.2017 on consolidated honorarium. Copy of the appointment letter is also placed on record. Perusal of this appointment letter shows that the appointment is subject to certain conditions and the person concerned, namely, Mr.Kalpesh Raverkar also submitted his undertaking to the school. The resolution is also passed in the General Body Meeting on 29.06.2017. Copy of the proposal is also placed on record to show that Mr. Raverkar is possessing academic qualification, namely, B.Ed. and he is belonging from the category of open candidates.

Then our attention is invited to the endorsement on the proposal. The endorsement shows that the proposal is received by the office of the Education Officer (Secondary), Zilla Parishad, Jalgaon on 11.08.2017. Learned Counsel Mr. Bhokarikar submitted that inspite of repeated requests to respondent No.2, no heed is paid and the proposal is pending before respondent No.2 for his decision till date. Mr. Bhokarikar thus prayed for direction to respondent No.2 to decide the proposal expeditiously.

( 3 ) 3.

Considering this limited grievance, we are of the opinion that the petition can be disposed of at the admission stage.

4.

Learned AGP appears for respondent Nos. 1 to 4. 5.

We direct respondent No.2 to decide the proposal submitted by the petitioner institute on 26.07.2017 and received by office of the Education Officer (Secondary), Zilla Parishad, Jalgaon on 11.08.2017 as expeditiously as possible and not later than six weeks from the date of order of this Court. Needless to state that the proposal shall be decided on its own merits. We are of the view that such direction would not cause prejudice to the respondent-authority.

6.

The writ petition is accordingly disposed of. 7.

Parties to act upon authenticated copy of this order.

[S.M.GAVHANE,J.] [PRASANNA B.VARALE,J.] /2018/ 18/ snk JUL