Allowed

Santosh Bhikaji Satpute v. the State of Maharashtra and Ors.

Bombay HC9 Dec 2011WP/6798/2011

Case brief

AI extract

What is this about?

The High Court, considering an amicable settlement and prima facie selection, allowed a writ petition seeking appointment of the petitioner as Shikshan Sevak. The court directed appointment, transfer to secondary school upon vacancy, and future promotion as Assistant Teacher.

What did the court decide?

Appointment as Shikshan Sevak for three years, transfer to secondary school upon vacancy, and promotion as Assistant Teacher after three years of total service.

Santosh Bhikaji Satpute Vs the State of Maharashtra… — Education and Admissions | Bombay HC (2011)

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(1)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 6798 OF 2011

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Santosh Bhikaji Satpute PETITIONER
VERSUS

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The State of Maharashtra & others RESPONDENTS

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.....

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Mr. A.S. Deshpande, advocate for the Petitioner.
Mr. S.K. Tambe, A.G.P. for the Respondent-State.
Mr. S.B. Talekar, advocate for Respondent No. 8.
Mr. A.D. Rajput, advocate holding for Mr. N.E.
Deshmukh, advocate for Respondent No. 9.
Mr. V.D. Hon, advocate for Respondent Nos. 10 to 20.

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.....

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DATED : 9th DECEMBER, 2011

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ORAL ORDER:

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1.Rule. Rule made returnable forthwith and
heard finally, by consent.

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2.Though the petitioner had initially
approached this Court challenging the selection

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process as conducted by the respondents, the matter

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has now been amicably settled between the parties and
therefore, the petitioner has given up the challenge
to the selection process as made in the petition.

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(2)

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3.With the intervention of the learned counsel
for the Respondent/Management, the Respondent/
Management has now agreed to appoint the petitioner
against a vacant post in Shri Mahavir Sthanakwasi
Jain Primary School, Jalna. It is further agreed by
the Management that on retirement of Shri V.N.
Aagale, who is likely to retire on superannuation on
31st May, 2013 at Mahavir Sthanakwasi Jain Secondary

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and Higher Secondary School, Jalna, or against any
other post falling vacant prior to that, the
petitioner would be appointed on the said post.

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4.In that view of the matter and in the

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peculiar facts and circumstances as appearing in the
present case and particularly, from the fact that
atleast prima facie, we find that in the earlier
selection made by the Head Master, the petitioner was
found to have been selected, we are inclined to allow

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this petition. However, we make it clear that the
order we propose to pass now is only taking into
peculiar facts and circumstances of the present case
and without treating the same as a precedent.

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5.The writ petition is allowed in following

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(3)

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terms.

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(a)The respondent No. 6 shall issue an order
appointing the petitioner as Shikshan Sevak in Shri
Mahavir Sthanakwasi Jain Primary School, Jalna within
a period of one month from today. The said order of
appointment as Shikshan Sevak shall be for a period
of three years.

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(b)The respondent No. 6 shall transfer the
services of the petitioner in the aforesaid Primary
School, to Mahavir Sthanakwasi Jain Secondary and
Higher Secondary School, Jalna on the immediately
next available vacancy commensurate with the
qualification/s of the petitioner and in any case, on
1st June, 2013 which is the date on which the vacancy
would be available on account of retirement of Shri
V.N. Aagale on his superannuation.

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(c)The Respondent - Education Officer shall
grant approval to the appointment of the petitioner
as Shikshan Sevak for a period of three years.

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(d)On completion of the total service of the

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(4)

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petitioner of three years in Primary School as well
as Secondary School, the petitioner shall be granted
approval as an Assistant Teacher in the Secondary
School irrespective of the fact that a part of the
services of the petitioner is rendered in the Primary
School.

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(e)Rule is made absolute in above terms.

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 [M.T. JOSHI, J.] [B.R. GAVAI, J.]
npj/wp6798-11

Santosh Bhikaji Satpute v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Santosh Bhikaji Satpute v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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