Shahbabu Education Society, Patur, Akola Thr. Secretary, Syed Ishaque Syed Nabi And ORS v. State Of Maharashtra, Thr. Secretary, School Education, Mumbai And Others
2023:BHC-NAG:16400-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR WRIT PETITION NO.7688 OF 2023
1) Shahbabu Education Society, Patur, District Akola, a Society registered under the Societies Registration Act, 1860 and Bombay Public Trust Act, 1950 having Registration No.F-67 AKL, through its Secretary Mr. Syed Ishaque Syed Nabi, aged about 74 years, occupation : retired.
2) Shahbabu Urdu High School, Patur, District Akola, through its Head Master - Mr. Mujibullah Khan, aged about 50 years,
3) Mr. Mohd. Wasif Mohd. Hudain, aged about 32 years, occupation :
service (working as Clerk) in Shahbabu Urdu High School, Patur, District Akola (Maharashtra State).
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Petitioners - Versus -
1) State of Maharashtra, through its Secretary, School Education, Mantralaya, Mumbai - 400 032.
2) Director of Education (Secondary & Higher Secondary), Maharashtra State, Pune.
3) Education Officer (Secondary), Zilla Parishad, Akola.
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Respondents -----------------
Shri S.N. Tapadia, Advocate for petitioners.
Shri A.A. Madiwale, Assistant Government Pleader for respondents. ---------------- CORAM : A.S. CHANDURKAR AND ABHAY J. MANTRI, JJ. DATED : NOVEMBER 09, 2023 ORAL JUDGMENT (PER A,S, CHANDURKAR , J.) :
Rule. Rule is made returnable forthwith. Shri Madiwale, learned Assistant Government Pleader waives notice for the respondents. 2) The petitioner nos.1 and 2 sought approval to the appointment of the petitioner no.3 on the post of Junior Clerk. The said proposal came to be rejected on 9/11/2020 pointing out various deficiencies in the said proposal. According to the petitioners, on 24/11/2020 the said deficiencies have been removed. Thereafter request has been made to consider the aforesaid proposal since the deficiencies stood removed. The reminders are dated 28/1/2021 and 5/4/2021. Since no steps were taken, the final reminder dated 6/3/2023 was issued to the respondent no.3 Education Officer (Secondary). 3) In these facts, since the petitioners seek re-consideration of the proposal by urging that all the deficiencies have been removed, the writ petition is disposed of by directing the respondent no.3 Education Officer (Secondary) to consider the proposal dated 9/6/2020 afresh in the
light of the stand taken by the petitioners that all the deficiencies have been removed. The same be re-considered within a period of four weeks of receiving copy of this judgment. The decision taken be communicated to the petitioners.
4) Rule is made absolute in the above terms. No costs. JUDGE JUDGE khj