Bombay High CourtCAO/1450/2019admittedallwdgrantedrule absolute

Siddharth Shikshan Sanstha, Astul Through Its Secretary And Others v. The State Of Maharashtra, Through Its Secretary, Department Of School Education, Mumbai And Another

2020-02-21Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Shri Justice Vinay Joshi2 pages

13-WP-3520-18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.3520 OF 2018 Siddharth Shikshan Sanstha, Astul, Thr. Its Secretary, Tah. Patur, Dist. Akola and ors. -vsThe State of Maharashtra, Thr. Its Secretary to the Department of School Education, Mantralaya, Mumbai and anr.

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Shri Anand Parchure, Advocate for petitioner. Shri S. Ukey, Additional Government Pleader for respondent Nos. 1 and 2.

Shri Ram Karode, Advocate for applicant in CAO No.1450/19 CORAM : A. S. CHANDURKAR AND VINAY JOSHI, JJ. DATE : FEBRUARY 21, 2020 Civil Application No.1450 of 2019 Considering reasons mentioned in the application which are also evident from the order dated 01/07/2019 the applicant is entitled to the prayer made in Civil Application No.2579/2019. For reasons mentioned in the application the order passed on Civil Application on 01/07/2019 is recalled.

Civil Application No.1450/2019 is allowed and disposed of.

Writ Petition No.3520 of 2018 Heard.

The contention of the learned counsel for the petitioners is that being a minority institution the petitioner Nos.1 and 2 would not be required to obtain prior permission of the Education Officer before advertising the

13-WP-3520-18 2/2 vacant post and appointing the petitioner No.3. On the other hand the learned Additional Government Pleader relied upon Government Resolution dated 06/02/2012 and especially Clauses 3 and 4 thereof. He has also referred to the decision in Kolawana Gram Vikas Kendra vs. State of Gujarat and ors. (2010) 1 SCC 133 in that regard.

On the request made by the learned counsel for the petitioners time of two weeks is granted to substantiate the contentions as sought to be urged.

Put up on 05/03/2020.

JUDGE JUDGE Asmita