Kumthekar Dhanashree Prakash And Another v. The State Of Maharashtra And Others

1 101-WP-15538-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 15538 OF 2019 Smt. Kumthekar Dhanshree Prakash and Anr.

...Petitioners

Versus

The State of Maharashtra and Ors.

...Respondents

Mr S.T. Shelke, Advocate for Petitioners Mr V.M. Kagne, AGP for Respondents-State CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 30TH JANUARY, 2020 PER COURT :

1.

Mr Shelke, the learned Counsel for the petitioners, on instructions submits that the present petition would be restricted to the extent of petitioner No. 1 and seeks leave to withdraw the petition to the extent of petitioner No. 2 with liberty to fle fresh one.

2.

The petitioners is allowed to withdraw the writ petition to the extent of petitioner No. 2 with liberty to fle fresh writ petition

2 101-WP-15538-2019 3.

The proposal seeking approval to the appointment of the petitioner No. 1 as a Junior Clerk is rejected on the ground that the proposal was not submitted at camp, the stafng pattern is not sanctioned and that the procedure as required under Rule 5 of the MEPS Rules is not followed. 4.

From the order, it does not transpire on what basis, the Education Ofcer came to the conclusion that the process is not followed. The petitioners contend that the application was given seeking permission to fll-in the post, advertisement was issued and thereafter, selection process was adhered to. All these aspects appear to have been considered. 5.

The stafng pattern has been sanctioned under the Government Resolution dated 28.01.2019 for Class-III post. 6.

In light of the above, we pass the following order :- (i) The impugned order is quashed and set aside.

(ii) The Education Ofcer shall reconsider the proposal seeking approval to the appointment of the petitioner No. 1 for the post of Junior Clerk. It shall not reject on the ground that the stafng pattern is not sanctioned or that the proposal is not submitted in the camp. It shall consider the documents fled by the petitioner seeking permission to fll-in the post,

3 101-WP-15538-2019 and that the advertisement is given. The same shall be decided within a period of four months.

6.

The writ petition is disposed of. No costs.

[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta