Wahid Ikram Naikwadi And Others vs State Of Maharashtra And Others

A.S. Chandurkar, J

Rule. Rule is made returnable forthwith.

Heard learned counsel for the parties.

The Petitioner no.1 came to be appointed on the post of Laboratory Assistant & Junior Clerk on 01/08/2021 and 01/07/2022 respectively with the Petitioner no.3-school. The proposal for grant of approval came to be rejected by the Education Officer (Secondary) for the reason that there was a ban pursuant to the Government Resolution dated 04/05/2020.

According to the learned counsel for the Petitioner, though such ban on recruitment was operating pursuant to Government Resolution dated 04/05/2020, as observed by the co-ordinate Bench in its judgment dated 26th April 2023 in Writ Petition (St) No. 4493/2022 in the matter of Gramvikas Shikshan Mandal & Others Vs. The State of Maharashtra & Others the post in question cannot perpetually remain vacant. Since the Petitioner no.1 was appointed after following the due process of law, the ban on recruitment could not have been put forth to refuse consideration of the proposal for grant of approval.

The learned Assistant Government Pleader has relied upon the affidavit-in-reply filed on behalf of the Education Officer, Secondary stating therein that the proposal was rejected only for that reason.

The issue with regard to refusal to grant approval in view of the ban on recruitment pursuant to Government Resolution dated 04/05/2020 has been the matter of consideration by this Court in various Writ Petitions. In the case of Gramvikas Shikshan Mandal & Ors (supra), this Court has observed that such posts cannot be permitted to be kept vacant for an indefinite period. The facts of the present case indicate that the recruitment has been made on 01/08/2021 and 01/07/2022 respectively, during which time the pandemic situation had partly subsided. We find in addition that the Petitioner no.3 School is a minority institution and therefore, we deem it appropriate to direct reconsideration of the proposal seeking such approval.

Accordingly, the following order is passed :

ORDER

This order is corrected pursuant to order dated 12/12/2023.

(i) The order dated 08/07/2022 and 04/08/2022 respectively passed by the Education Officer (Secondary) refusing to grant approval to the appointment of the Petitioner no.1 is set aside. The Education Officer (Secondary) to reconsider the proposal dated 17/05/2022 and 01/08/2022 respectively in accordance with law. He shall not reject the same by relying upon the Government Resolution dated 04/05/2020. Necessary decision on said proposal be taken within period of 8 weeks of providing copy of this judgment.

(ii) Needless to state that in case the appointment of the Petitioners is approved, the Deputy Director of Education, shall take all consequential steps including grant of Shalarth number in accordance with law.

(iii) Rule is made absolute in the aforesaid terms with no order as to costs. Writ petitions are disposed of.