Vikas Ramchandra Arbhune And ANR v. State Of Maharashtra Thr Deptment Of Eudcation And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14567 OF 2023 Vikas Ramchandra Arbune And Ors.
...Petitioners
Versus
State of Maharashtra and Ors.
...Respondents
*** Mr. Chetan Patil i/b. Mandar Bagkar, for Petitioners. Mr. Vikas Mali, AGP for Respondent Nos. 1 to 3. *** CORAM: NITIN JAMDAR & M.M. SATHAYE, JJ.
by HUSENBASHA RAHAMAN NADAF Date: 2024.07.12 16:50:18 +0530 HUSENBASHA RAHAMAN NADAF DATE : 8 JULY 2024 P.C.:
.
Heard learned counsel for the parties.
2.
Petitioner No. 1- Employee working with Petitioner No. 3 School & Junior College run by Petitioner No. 2 Education Institute, are jointly challenging the order dated 10 November 2022 passed by Respondent No. 2 / Education Officer (Secondary), Zilla Parishad, Sangli. By said impugned order, the approval for appointment of Petitioner No. 1 as Junior Clerk is rejected. 3.
It is submitted that the impugned order is passed without any show cause notice and had an opportunity been given, the Petitioners would have given appropriate and necessary explanation to reasons stated in impugned order for rejecting proposal. Husen 1
4.
Perused the impugned order. It has resulted in a situation where inquiry about the grounds of rejection 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 10 November 2022 will be treated as notice to Petitioners of the proposed ground/s for rejection of Petitioner No. 1's proposal, which stands restored. If there are any other grounds on which the Respondent- Education Officer intends to return or reject the proposal, he is directed to communicate the same to the Petitioners within a period of three weeks from today. 6.
The Petitioners 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- Education Officer is directed to decide the proposal of Petitioner No. 1 thereafter within a period of eight weeks, by dealing with the explanation given by the Educational Institute as also dealing with case laws / orders of this Court, by passing a reasoned order, subject to other time bound directions. The order will be passed keeping in mind the directions issued by this Court in Part II Clause A(i) to (iii) of Judgment dated 16 April 2024 in the matter of Nitin B. Tadge Vs. State of Maharashtra in Writ Petition No. 204 of 2019 and other companion petitions. Husen 2
7.
We have not expressed any opinion on the Petitioners' proposal and the same shall be decided on their own merits in accordance with law. Needless to mention that if the RespondentEducation Officer proceeds to grant proposal as prayed, consequent benefits and orders will follow, and in that case, 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.) Husen 3