Sou. Vandana Bhairappa Jadhav And ANR. v. The State Of Maharashtra Through The Principal Secretary, School Education And Sports Dept. And ORS

rsk 1 6-WP-13281-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13281 OF 2016 Vandana Bhairappa Jadhav & Anr.

..Petitioners V/s.

The State of Maharashtra and Ors.

..Respondents WITH WRIT PETITION NO.13700 OF 2016 Reshma Gyanoba Mane & Anr.

..Petitioners V/s.

The State of Maharashtra and Ors.

..Respondents ---- Mr. Vivek Rane i/b Mr. Ashwinikumar R. Kapadnis for the Petitioners.

Mr. Vijay Killedar for Respondent No.5.

Mrs. P. N. Diwan, AGP for Respondent-State.

---- CORAM : SUNIL B. SHUKRE AND G. A. SANAP, JJ.

DATE : 8 MARCH 2022.

P. C.

Heard. Rule. Rule made returnable forthwith by consent of the parties.

2.

The facts of these cases as submitted by learned counsel for the Petitioners and admitted by the Respondents are similar to the by RAJESHWARI SUBODH KARVE Date:

2022.03.10 10:59:59 +0530 facts in the case of Jyoti Manish Bangar & Ors. v. The State of RAJESHWARI SUBODH KARVE Maharashtra in Writ Petition No.13280/2016 decided on 25/2/2022

rsk 2 6-WP-13281-16.doc wherein this Court has taken a view by following the judgment in the case of Mrs. Shivanee Prasanna Deshpande V/s. The State of Maharashtra in Writ Petition No. 10133 of 2016 along with other connected matters, decided on 1st August 2017 that unless approval granted to the appointment of shikshan sevak or school employee has been obtained by playing fraud or misrepresentation to the concerned authority or suppression of material facts, approval cannot be cancelled and no action regarding withdrawal of the approval can be taken unless a show cause notice is issued to the concerned teacher and an opportunity is granted to the concerned teacher. 3.

The facts of these cases being similar to the facts in Writ Petition No.13280/2016, we are of the view that these petitions also deserves to be allowed and are allowed in terms of prayer clause (b). 4.

We further direct that the name of Petitioners shall be entered in the Shalarth Pranali and salary together with arrears shall be released to them immediately, after the allotment of Shalarth ID, if not already done.

5.

Rule is made absolute in above terms. No costs. (G. A. SANAP, J.) (SUNIL B. SHUKRE , J.)