The Managing Trustee, And ANR. v. The Eduation Officer Secondary And ORS.

1 11-WP-6869-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6869 OF 2024 The Managing Trustee, St. John The Baptist High School And Jr College, Thane And Anr

...Petitioners

Versus

The Education Officer (Secondary) Zilla Parishad, Thane And Ors.

...Respondents

**** Mr. Mandar Limaye for the Petitioner.

Mr. B.V. Samant, Addl. G.P. a/w A.K. Naik, AGP for the Respondent/State.

**** SNEHA NITIN CHAVAN SNEHA NITIN CHAVAN Date: 2024.06.12 11:58:00 +0530 CORAM : NITIN JAMDAR AND M.M. SATHAYE, JJ.

DATE : 11 JUNE 2024 P.C. :

.

Heard learned counsel for the parties.

2.

Petitioner No. 1 Education Institute/School and Petitioner No. 2 employee (Shivani Shivram Haldankar) are jointly challenging the Order dated 31 October 2023 passed by Respondent No. 1 / Education Officer (Secondary), Zilla Parishad, Thane. By said impugned Order, the approval for appointment of Petitioner No. 2 as Shikshan Sevak on aided post, is rejected.

2 11-WP-6869-2024.doc 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. 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 31 October 2023 will be treated as notice to Petitioners of the proposed ground/s for rejection of Petitioner No. 2'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 3 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. 2 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. The order will be passed keeping in mind the directions issued by this Court in Part II

3 11-WP-6869-2024.doc 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.

7.

We have not expressed any opinion on the Petitioners' proposal and the same shall be decided on its own merits in accordance with law. Needless to mention that if the Respondent Education 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.)