Jawwad Ahmad Aejaz Ahmad Khan v. The Education Officer (Primary), Zilla Parishad, Yavatmal And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO.1295/2020 Jawwad Ahmad Aejaz Ahmad Khan, aged 28 Yrs., Occ. Service, R/o Washim Road, Masjid E Aksa, Vasant Nagar, Pusad, Dist. Yavatmal.

..Petitioner.

..Vs..

1.

The Education Officer (Primary), Zilla Parishad, Yavatmal.

2.

Hazrat Umar Farooq Education Society, Pusad, Tq. Pusad, Dist. Yavatmal, through it's Secretary.

3.

Hazrat Umar Farooq Urdu Higher Primary School, Pusad, District Yavatmal, through it's Head Master.

..Respondents.

------------------------------------------------------------------------------------------------ Mr. A.S. Dhore, Advocate for the petitioner.

Mr. Rahul Tajne, Advocate for respondent No.1. ----------------------------------------------------------------------------------------------- CORAM :- SUNIL B. SHUKRE AND ANIL L. PANSARE, JJ.

DATED :- 6.12.2021 .

ORAL JUDGMENT (Per Sunil B. Shukre, J.) Heard Mr. A.S. Dhore, learned counsel for the petitioner and Mr. Rahul Tajne, learned counsel for respondent No.1. Nobody is present for respondent Nos.2 and 3 although they are duly served by notice at admission stage.

2.

Rule. Rule made returnable forthwith. Heard finally by consent.

3.

Learned counsel for the petitioner submits that because of the dispute between some factions in the managing committee of respondent No.2, proposal of the petitioner seeking approval to the appointment of petitioner is not being sent by respondent Nos.2 and 3. He also submits that the Education Officer had reminded respondent Nos.2 and 3 to send the proposal but, in vain. Respondent Nos.2 and 3 have also not filed any reply. This shows that due to some issues at the end of respondent No.2, the proposal seeking approval to the appointment of petitioner initially as Shikshan Sewak and later on as Assistant Teacher is not being forwarded by respondent Nos.2 and 3. 4.

Considering the above referred facts and circumstances, we are inclined to allow the petition partly. Petition is allowed partly. Respondent Nos.2 and 3 are directed to send the proposal to respondent No.1 for seeking approval for appointment of the petitioner initially as Shikshan Sewak and thereafter as Assistant Teacher, within four weeks from the date of receipt of the order. Learned counsel for the petitioner to see that the copy of the order is duly served upon respondent Nos.2 and 3 for which purpose hamdast

is granted.

5.

Rule is made absolute in the above terms. No costs. JUDGE JUDGE Tambaskar.

Signed By:NILESH VILASRAO TAMBASKAR Private Secretary