Sitanjali Pandurang Jadhav And ORS v. The State Of Maharashtra Thr Dept. Of Education And ANR

by ARUNA SANDEEP TALWALKAR Date:

2025.02.27 18:28:14 +0530 ARUNA SANDEEP TALWALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 18791 OF 2024 Sitanjali Pandurang Jadhav & Ors.

... Petitioners

Versus

State of Maharashstra & Ors.

... Respondents.

**** Mr. Sidheshwar N. Biradar a/w. Mr. D.R. Shinde, Mr. Omhari Fawade, for the Petitioners.

Mr. P.P. Kakade, Addl. G.P. a/w. Ms. Pooja Deshpande, AGP for Respondent/State.

**** CORAM :

RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

DATE :

25th FEBRUARY, 2025 P.C. :

1.

The impugned order is dated 20.02.2022. Certain deficiencies have been pointed out by the Education Officer (Secondary), Zilla Parishad, Sangli, Shri Rajesaheb Londhe. Despite pointing out deficiencies, the proposal has been returned to the Management. He has specifically raised objections as regards non-observance of the Pavitra Portal for the purpose of recruitment and an advertisement published in an unknown newspaper namely, 'Preeti Sangam', in non-adherence to the Government Resolution 10.06.2024.

2.

We are interfering in this impugned order only because the said officer should have granted time to the Management to remove the deficiencies within a particular time frame. Thereafter, he should have dealt with the proposal on it's merits.

3.

In view of the above, this Writ Petition is partly allowed, only for the purpose of granting an opportunity to the Management to remove the deficiencies. The impugned order is set aside. 4.

The six objections set out in the impugned order shall be treated by the Management, Petitioner No. 2 herein, as a notice for removing the deficiencies. The Management shall remove such deficiencies within a period of 30 days from today and submit a revised proposal to Respondent No. 2. After the proposal is received, Respondent No. 2 shall carry out a meticulous verification exercise and decide the said proposal on its own merits by granting reasonable opportunity of hearing to the Management, within a period of 60 days from the date of receipt of the revised proposal. Any aggrieved party is at liberty to assail the said order.

5.

We make it clear that we have not expressed any opinion as

regards the merits of the proposal and all grounds/issues are open to the Education Officer to consider/verify while dealing with the same. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)