Savita Devidas Patil And ORS v. The State Of Maharashtra Throu. The Sec. School Education Dept And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17557 OF 2024 Savita Devidas Patil & Ors.

...Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

Mr. Saumitra Salunke a/w Ms. Swapnali Chavan i/by Mr. Pradeep Yadav, Advocate for the Petitioners.

Ms. Nisha Mehra, AGP for Respondent Nos.1 & 2/State. Mr. Milind Deshmukh a/w Mr. Shailesh Chavan, Advocate for Respondent Nos.3 to 5.

CORAM : RAVINDRA V. GHUGE by SUNNY ANKUSHRAO THOTE Date:

2025.02.17 11:53:00 +0530 SUNNY ANKUSHRAO THOTE & ASHWIN D. BHOBE, JJ.

DATE : 13th FEBRUARY, 2025 P.C. :- 1.

The impugned order is dated 30th September, 2022. A long list of objections are raised with reference to the appointment of Petitioner No.1. The Deputy Director of Education, Division Mumbai has declined to grant approval though Petitioner No.1, is said to be working since 1st July, 2016.

2.

We have observed in several orders that if the Authority has raised any issue of deficiencies, the same should be

communicated to the Management and a timeline be granted to the Management to remove the deficiencies. We have also observed that the Competent Authority would not reject the proposal after pointing out the deficiencies.

3.

After the impugned order dated 30th September, 2022 was passed, the said Authority has passed a further order on 24th January, 2024, apparently since the Management submitted one more Application describing it as a revised proposal. Since the deficiencies were almost identical to all these four Petitioners, the Authority once again passed an order on 24th January, 2024 in all these cases, rejecting the proposals on account of the deficiencies. 4.

It is, however, considered that the learned AGP has no instructions.

5.

Issue notice to the Respondents, returnable on 19th March, 2025. The learned AGP waives service of notice on behalf of Respondent Nos.1 and 2. The learned Advocate Mr. Deshmukh waives service of notice on behalf of Respondent Nos.3 to 5.

6.

Let the affidavits in reply be filed, at least ten days, prior to the returnable date.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)