Pramod Jagannath Kadam v. State Of Maharashtra Thr. Prin. Sec. Dept. And ORS
1 25-WP-8946-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8946 OF 2023 Pramod Jagannath Kadam
...Petitioner
Versus
The State of Maharashtra and Ors.
...Respondents
YUGANDHARA SHARAD PATIL Digitally signed by YUGANDHARA SHARAD PATIL Date:
2024.02.06 15:52:21 +0530 .......
Mr.Mandar Bagkar for the Petitioner.
Ms.Ashwini A. Purav AGP for Respondent-State. .......
CORAM : NITIN JAMDAR & M.M.SATHAYE, JJ.
DATE : 2 FEBRUARY 2024 P.C.:
.
Heard learned counsel for the parties.
2.
Petitioner-Employee, working with Respondent No. 5 School run by Respondent No. 4 Management, is challenging the Order dated 13 January 2023 passed by Respondent No. 3Education Officer (Secondary), Zilla Parishad, Kolhapur. By said impugned Order, the approval for Petitioner's appointment as Shikshan Sevak is returned. Learned counsel for the Petitioner states on instructions that Respondent Nos. 4 & 5 are supporting the cause of the Petitioner till today. We proceed on the basis of
2 25-WP-8946-2023.doc said statement.
3.
It is urged that had an opportunity been given, the Petitioner and Respondent Management would have given appropriate and necessary explanation to reasons stated in impugned order for return.
4.
Perused the impugned Order. It has resulted in a situation where inquiry about the grounds of return are required to be done first time in this Court.
5.
In that view of the matter, we dispose of this petition by directing that the impugned order dated 13 January 2023 will be treated as notice to Respondent - Educational Institute of the proposed ground/s for return of Petitioner's proposal. The Petitioner's proposal stands restored. If there are any other grounds on which the Respondent Education Officer intends to return/reject the proposal, he is directed to communicate the same to the Respondent-Educational Institute within a period of 3 weeks from today.
6.
The Respondent Educational Institute shall thereafter submit its explanation to the proposed grounds, along with supporting material including government resolutions, case laws / orders of this Court etc. if relied upon. The Respondent /
3 25-WP-8946-2023.doc Education Officer is directed to decide the proposal thereafter within a period of 8 weeks, by dealing with the explanation given by the Educational Institute as also dealing with case law/orders of this Court, by passing a reasoned order, subject to other time bound directions.
7.
We have not expressed any opinion on the Petitioner's proposal and the same shall be decided on its own merits in accordance with law. Needless to mention that if the Respondent/Education Officer decides to grant proposal as prayed and allot Shalarth ID consequently, the aforesaid procedure/directions will not apply.
8.
The writ petition is disposed of in the aforesaid terms. (M.M.SATHAYE, J.) (NITIN JAMDAR, J.)
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