Chaturaji Bahuuddeshiya Shikshan Santha, Amravati And Others v. State Of Maha. Thr. Its Sec. Education And Sport Dept. Mantralaya, Mumbai And Another

2024:BHC-NAG:3252-DB 1 WP1825-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1825/2024 (CHATURAJI BAHUUDDESHIYA SHIKSHAN SANSTHA, AMRAVATI & OTHERS VERSUS STATE OF MAHARASHTRA & ANOTHER) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri R.D. Karode, counsel for the petitioners. Ms N.P. Mehta, Additional Government Pleader for the respondents. CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI , JJ .

D ATE : MARCH 15 , 202 P. C.

Heard the learned counsel for the parties.

2.

It is submitted by the learned counsel for the petitioners that the Deputy Director of Education, Amravati Division, Amravati on June 30, 2020 granted permission to fill in the posts which were available with the minority institution where the petitioner no.3 got selected and appointed on September 23, 2022. In this background, the contentions are, even if there are directions by the State Government vide letter dated August 28, 2023 to give priority to the appointment of such candidates who are qualified in Maths and Science, such directions cannot be made applicable exhaustively. As the appointment of the petitioner no.3 is prior to the aforesaid directions, there appears to be substance in the contentions of the counsel for the petitioners that the directions of the State Government are dated August 28, 2023 whereas the appointment of the petitioner is admittedly in prior point of time i.e. on September 23, 2022 pursuant to the sanction granted on June 30, 2020 to fill in the post by the Deputy Director of Education.

3.

That being so, the impugned order is hereby quashed and set aside. We direct the petitioner no.3 to appear before the Education Officer (Secondary) on April 03, 2024 who shall pass a fresh order in the matter having regard to the aforesaid observations.

2 WP1825-24.odt 4.

The writ petition is disposed of in aforesaid terms. No costs. (ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) APTE