Dipak Bapurao Bagal v. The State Of Maharashtra Thr The Secretary And ORS
Husen 1 15 WP 3087-2023 group.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3087 OF 2023 Kakaso Abaji Jadhav
...Petitioner
Versus
The State of Maharashtra and Ors.
...Respondents
WITH WRIT PETITION NO. 4974 OF 2023 Naveri Parisar Shikshan Prasark Mandal, Mumbai and Ors.
...Petitioners
Versus
The State of Maharashtra and Ors.
...Respondents
WITH WRIT PETITION NO. 2898 OF 2023 Shri Chatrapati Shivaji Sarvajanik Shikshan Mandal And Ors.
...Petitioners
by HUSENBASHA RAHAMAN NADAF Date: 2024.03.18 12:49:40 +0530 HUSENBASHA RAHAMAN NADAF
Versus
The State of Maharashtra and Ors.
...Respondents
WITH WRIT PETITION NO. 3834 OF 2023 Amol Dilip Itraj
...Petitioner
Versus
The State of Maharashtra and Ors.
...Respondents
WITH WRIT PETITION NO. 4994 OF 2023 Dapoli Education Society Through President And Ors.
...Petitioners
Versus
Husen 2 15 WP 3087-2023 group.doc The State of Maharashtra and Ors.
...Respondents
WITH WRIT PETITION NO. 4996 OF 2023 Dapoli Education Society Through President And Ors.
...Petitioners
Versus
The State of Maharashtra and Ors.
...Respondents
WITH WRIT PETITION NO. 5103 OF 2023 Digambar Manikkrao Nimbalkar
...Petitioner
Versus
The State of Maharashtra and Ors.
...Respondents
WITH WRIT PETITION NO. 5104 OF 2023 Kiran Appaso Pawar
...Petitioner
Versus
The State of Maharashtra and Ors.
...Respondents
WITH WRIT PETITION NO. 5007 OF 2023 Dipak Bapurao Bagal
...Petitioner
Versus
The State of Maharashtra and Ors.
...Respondents
WITH WRIT PETITION NO. 5022 OF 2023 Dapoli Education Society Through President And Ors
...Petitioners
Versus
The State of Maharashtra and Ors.
...Respondents
Husen 3 15 WP 3087-2023 group.doc WITH WRIT PETITION NO. 5054 OF 2023 Amit Arvind Kadam
...Petitioner
Versus
The State of Maharashtra and Ors.
...Respondents
**** Mr. Prakash Bhavake, for Petitioner in all Petitions. Mr. Utkarsh Desai, for Respondent Nos.6 & 7 in all Petitions. Mr. U.M. Mali, AGP for Respondent/State.
**** CORAM : NITIN JAMDAR & M.M. SATHAYE, JJ.
DATE : 5 MARCH 2024 P.C.:
.
Heard learned counsel for the parties.
2.
Either employee alone or employee along with respective Education Institute and respective School/Junior College, has/have filed the aforesaid petitions challenging various impugned orders passed by Respondent- Education Authorities, as per details given in table below.
Sr.
No.
Writ Petition No.
Name of the Petitioner / employee Date of impugned order Education Authority passing impugned order WP/3087/2023 Kakaso Abaji Jadhav 15/9/2022 Respondent No.5Education Officer (Secondary), Zilla Parishad, Satara
Husen 4 15 WP 3087-2023 group.doc WP/4974/2023 Yash Nivrutti Vishwasrao 12/9/2022 Respondent No.5Education Officer (Secondary), Zilla Parishad, Ratnagiri WP/2898/2023 Datta Prasad Shahji Surve 12/9/2022 Respondent No.5Education Officer (Secondary), Zilla Parishad, Ratnagiri WP/3834/2023 Amol Dilip Itraj 15/9/2022 Respondent No.5Education Officer (Secondary), Zilla Parishad, Satara WP/4994/2023 Pankaj Prakash 12/9/2022 Respondent No.5Ramje Education Officer (Secondary), Zilla Parishad, Ratnagiri WP/4996/2023 Prashant Vinayak 12/9/2022 Respondent No.5Joshi Education Officer (Secondary), Zilla Parishad, Ratnagiri WP/5103/2023 Digambar 15/9/2022 Respondent No.5Manikkrao Nimbalkar Education Officer (Secondary), Zilla Parishad, Satara WP/5104/2023 Kiran Appaso Pawar 15/9/2022 Respondent No.
5Education Officer (Secondary), Zilla Parishad, Satara WP/5007/2023 Dipak Bapurao 15/09/202 Respondent No.5Education Officer (Secondary), Zilla Parishad, Satara Bagal 10 WP/5022/2023 Ravindra 12/9/2022 Respondent No.5Sadanand Gorivale Education Officer (Secondary), Zilla Parishad, Ratnagiri 11 WP/5054/2023 Amit Arvind 15/9/2022 Respondent No.
Husen 5 15 WP 3087-2023 group.doc Kadam Education Officer (Secondary), Zilla Parishad, Satara 3.
The common argument raised in these petitions is that in all the impugned orders, one of the reasons for rejection or return of the proposals of the Petitioners is that there was stay granted by this Court in Writ Petition No. 5058 of 2021 along with Writ Petition No. 8007 of 2021.
4.
Inviting this Court's attention to the order dated 6 February 2024 passed in the said two writ petitions, it is submitted that the stay is vacated by this Court and the said petitions are also disposed of. It is further submitted apart from the said reason, impugned orders mention other reasons also for rejection/return of the proposals, for which no show cause notices were given to either Petitioners or the concerned Educational Institutes. It is submitted that had an an opportunity been given, the Petitioners / Educational Institutes would have given appropriate explanation. 5.
Considering the fact that Writ Petition No. 5058 of 2021 and Writ Petition No. 8007 of 2021 are disposed of and interim stay granted therein is no more in existence, and further considering that the impugned orders have resulted into a situation where the fact finding exercise about reasons of rejection / return mentioned therein are required to be done first time in this Court, we dispose of these writ petitions by passing following order :
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ORDER
i.
The impugned orders are set aside and they will be treated as show cause notices of prima facie opinion of the concerned Education Authorities about proposals of Petitioners-employees, which stand restored.
ii.
If there are any other grounds on which RespondentEducation Authorities proposes to return/reject the proposals of Petitioners- employees, the same shall be communicated by Respondent- Education Authorities within a period of 3 weeks from today.
iii.
Thereafter, the respective Educational Institutes shall submit their explanation to the proposed grounds of return/rejection along with case laws/ government resolutions and orders of this Court in support thereof. iv.
Thereafter, subject to pressing public duties and other time bound directions, within a period of 8 weeks, Respondent- Education Authorities are directed to consider the Petitioners' proposals and decide the same by passing reasoned orders dealing with the case laws and orders of this Court relied upon.
v.
We have not expressed any opinion on the Petitioners' proposals and the same shall be decided on its own merits in accordance with law. The proposals shall not be
Husen 7 15 WP 3087-2023 group.doc rejected on the ground of any order passed in Writ Petition No. 5058 of 2021 and Writ Petition No. 8007 of 2021.
vi.
If the Respondent- Education Authorities proceed to grant the proposals of the Petitioners as prayed, the necessary consequential benefits/ orders shall follow, and in that case, the aforesaid procedure will not apply. vii.
Writ petitions are disposed of in the aforesaid terms. No order as to costs.
( M.M. SATHAYE, J.) ( NITIN JAMDAR, J.)