Pushpa Balkisan Sharma v. The State Of Maharashtra And Others

2024:BHC-AUG:16330-DB 1 wp 13.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13 OF 2019 Pushpa Balkisan Sharma .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri S. G. Rudrawar, Advocate for the Petitioner - absent. Shri S. P. Joshi, A.G.P. for the Respondent Nos. 1 and 2. Shri Kumar Gaurav More, Advocate for the Respondent No. 3 - absent.

CORAM : MANGESH S. PATIL AND SHAILESH P. BRAHME, JJ.

DATE : 29 JULY 2024.

FINAL ORDER :

.

Petitioner is taking exception to the decision of the respondent/Education Officer (Secondary) refusing to grant approval to her appointment for the reasons mentioned therein (Exhibit - F).

2.

It is stand of the respondent No. 3/Management in the affidavit in reply that deficiencies which were pointed out in the impugned communication, were subsequently complied with and a fresh proposal was forwarded as per the documents annexed to the petition.

3.

Page No. 97 of the petition is the copy of a covering letter together with the proposal forwarded by the Head Master to the

2 wp 13.19 respondent No. 2/Education Officer (Secondary), Zilla Parishad, Auangabad dated 14 October 2016.

4.

There is nothing to demonstrate that the proposal forwarded on 14 October 2016 by the Head Master has been considered objectively.

5.

In the light of the above, we allow the writ petition partly. Impugned communication dated 16.09.2016 is quashed and set aside. The respondent No. 2/Education Officer (Secondary), Zilla Parishad, Aurangabad shall take a decision afresh on the proposal dated 14 October 2016 (page No. 97), if it has not already been decided and shall decide it as expeditiously as possible and in any case within a period of six (06) weeks from today.

[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] bsb/July 24