Atul Ashok Kotalwar v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:18693-DB 144 WP 15065 23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 144 WRIT PETITION NO. 15065 OF 2023 ATUL ASHOK KOTALWAR

VERSUS

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

Advocate for the Petitioner : Mr. Panpatte V. S. Addl.GP for Respondent nos. 1 & 3 : Mr. A.R.Kale Advocate for Respondent nos.4 & 5 : Mr. I.D. Maniyar

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 19.08.2024 PER COURT:

Heard.

2.

Petitioner's proposal seeking approval to his appointment came to be rejected by respondent No. 3- Deputy Director of Education, Latur Division, Latur, vide communication dated 05.10.2023, only on the ground that the procedure as contemplated by the Government Resolution dated 23.06.2017 was not followed. 3.

We have already taken a view by 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 the Education Officer/Deputy Director of Education has to conduct objective scrutiny of the proposal and it cannot be rejected only on the ground that procedure as contemplated by the Government Resolution was not followed. 4.

In that view of the matter, we dispose of the petition by quashing the communication dated 05.10.2023 and directing the 1/2

144 WP 15065 23.odt respondent No. 3- Deputy Director of Education, Latur Division, Latur, to reconsider the proposal of the petitioner for grant of approval to his appointment on its own merits. The decision shall be taken as expeditiously as possible, and in any case within a period of four (04) weeks from today. However, same shall not be rejected on the grounds mentioned in the impugned communication.

(SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) mkd/- 2/2