Bahiram Chandrakant Jejiram v. State Of Maharashtra Through Education Dept. (Secondary) And ORS
DDR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12341 OF 2019 BAHIRAM CHANDRAKANT JEJIRAM .. PETITIONER vs.
STATE OF MAHARASHTRA THROUGH EDUCATION DEPARTMENT (SECONDARY) & ORS.
.. RESPONDENTS WITH WRIT PETITION NO. 12432 OF 2019 PALLAVI SAHEBRAO GODSE ..PETITIONER VS.
THE EDUCATION OFFICER (SECONDARY) ZILLA PARISHAD, SATARA & ORS.
..RESPONDENTS WITH WRIT PETITION ST.NO. 29702 OF 2019 REENA KIRAN JAGTAP-GHADGE ..PETITIONER VS.
THE EDUCATION OFFICER (SECONDARY) ZILLA PARISHAD, SATARA & ORS.
..RESPONDENTS WITH WRIT PETITION NO. 12340 OF 2019 RENUKA SONBA AHIWALE @ RENUKA BHIMRAO GHORPADE ..PETITIONER VS.
STATE OF MAHARASHTRA THROUGH EDUCATION DEPARTMENT (SECONDARY) & ORS.
..RESPONDENTS WITH WRIT PETITION NO. 12342 OF 2019 ANKUSH SHIVAJI CHAVAN ..PETITIONER VS.
STATE OF MAHARASHTRA THROUGH EDUCATION DEPARTMENT (SECONDARY) & ORS.
..RESPONDENTS
------------------------ Mr. V.S. Talkute for the petitioners in WP/12341/19, WP/12340/19 & WP/12342/19.
Mr. N.V. Bandiwadekar i/b. Vinayak Kumbhar for petitioners in WP/12432/19 & WPST/29702/19.
Mrs. V.S. Nimbalkar, AGP in WP/12341/19.
Mr. P.P. Pujari, AGP in WP/12432/19.
Mr. P.V.N. Rajan, AGP in WPST/29702/19.
Mr. A.B. Kadam, AGP in WP/12340/19.
Mr. C.D. Mali, AGP in WP/12342/19.
------------------------
CORAM
: M.S.KARNIK, J.
DATE : MARCH 30, 2021 P.C.:- Heard learned counsel for the petitioners and learned AGP for the respondents - State.
2.
The present Petitions pertain to the cancellation of approval granted to the petitioners whose appointment as Shikshan Sevaks was approved. In view of certain irregularities in the matter of appointments, the approval came to be cancelled after issuance of the show cause notice. The cancellation of approval is a subject matter of the present Petitions.
3.
It is pointed out that in identical set of facts, this Court had an occasion to deal with several Petitions, Writ Petition St.No.92916 of 2020 being the lead Petition. By judgment and order dated 6/1/2021 this Court allowed the Writ Petitions. 4.
Even this group of Petitions arise from the same show cause notice which was the subject matter of Writ Petition St.No.92916 of
2020 and others. This Court was of the view that the show cause notice does not specify the irregularities which were allegedly noticed by the Commissioner (Education) M.S. Pune and hence the action based on the notice, which is completely vague and indiscernible, is certainly not in compliance with the rules of natural justice.
5.
Learned AGP submitted that the petitioners were heard before the impugned order came to be passed. She supported the order cancelling approval of the petitioners. 6.
I am of the view that as the controversy raised in this group is squarely covered by the decision in Writ Petition St.No.92916 of 2020. For the same reasons, even these Petitions deserve to be allowed and are accordingly allowed on the same terms as the Writ Petition St.No.92916 of 2020 and others in the case of Kalpana Ramkrishan Gavande vs. The State of Maharashtra & ors. Digitally signed by Diksha Rane Date:
2021.03.30 18:52:02 +0530 Diksha Rane 7.
The Writ Petitions are disposed of accordingly. (M.S.KARNIK, J.)