Bombay High CourtWP/5843/2024disposed off

Alpasankhyank Samajik Va Shikshan Vikas Mandal, Buldhana Thr. Secretary And ORS v. The Education Officer (Secondary), Zilla Parishad, Buldhana And Another

2025-11-26Hon'Ble Smt. Justice M. S. Jawalkar , Hon'Ble Shri Justice M. W. Chandwani2 pages

923wp5843.24 923wp5843.24 .

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5843/2024 WRIT PETITION NO. 5843/2024 Alpasankhyank Samajik Va Shikshan Vikas Mandal, Buldhana & others Alpasankhyank Samajik Va Shikshan Vikas Mandal, Buldhana & others ..versus..

..versus..

Education Officer (Secondary), Zilla Parishad, Buldhana & another Education Officer (Secondary), Zilla Parishad, Buldhana & another ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● Office Notes, Office Memoranda of Coram, Office Notes, Office Memoranda of Coram, Court's or Judge's orders Court's or Judge's orders appearances, Court's orders or directions appearances, Court's orders or directions and Registrar's orders and Registrar's orders ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● Shri R.D. Karode, Advocate for the Petitioner(s) Shri R.D. Karode, Advocate for the Petitioner(s) Shri A.V. Palshikar, Shri A.V. Palshikar, AGP AGP for the Respondent/State for the Respondent/State

CORAM

CORAM:-:- M.S. JAWALKAR & M.W. CHANDWANI, JJ. M.S. JAWALKAR & M.W. CHANDWANI, JJ.

NOVEMBER 26, NOVEMBER 26, .

Heard learned Counsel for the respective parties. (2) It appears that the Petitioner No. 3 came to be appointed vide order dated 07/08/2020. The proposal was forwarded by the Management to the Education Officer vide communication dated 04/09/2020. The Education Officer granted approval from 30/11/2023 instead of date of appointment of the Petitioner No. 3. (3) It is the contention of the Respondent - Education Officer that the said approval is granted from 30/11/2023, as the posts are notified on that day. There is no provision brought to our notice that the approval ought to be granted from the date on which the appointments are notified in the Minority Institution. As the Petitioner No. 3 came to ..

A ..

923wp5843.24 923wp5843.24 be appointed on 07/08/2020 and his proposal was forwarded by the Management on 04/09/2020, there was no reason to grant approval from 30/11/2023. The appointment is always subject to approval. Therefore, the date of appointment is relevant for granting approval. In our considered opinion, the order of approval needs to be modified. (4) As such, the Education Officer is hereby directed to modify the approval order by granting approval from the date of appointment of the Petitioner No. 3, within a period of four weeks. (5) With the above direction, the Petition stands disposed of. Pending Application(s), if any, stand(s) disposed of. (M.W. CHANDWANI M.W. CHANDWANI, J.) , J.) (M.S. JAWALKAR, J.) (M.S. JAWALKAR, J.) ..

A ..