Quashed

The Sindhudurg Diocesan Educational Trust, Kankavali through Its President/Secretary and Ors. v. the State of Maharashtra through the Secretary and Ors.

Bombay HC1 Sept 2015WP/6120/2015

Case brief

AI extract

What is this about?

The Court quashed an order rejecting the Petitioners' proposal for appointment as Shikshan Seveks, holding that the applicable Government Resolutions for non-teaching staff were not suitable. The Court directed Respondents to reconsider the cases within eight weeks.

What did the court decide?

Order dated 13.04.2015 by Respondent No.3 is quashed and set aside. Respondents directed to consider proposals within eight weeks.

The Sindhudurg Diocesan Educational Trust, Kankavali… — Service and Employment | Bombay HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION No. 6120 OF 2015

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The Sindhudurg Diocesan Educational Trust, Kankavali, through its President/Secretary .... Petitioner

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The State of Maharashtra, through the Secretary and ors. .... Respondents

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ALONG WITH

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WRIT PETITION No. 6122 OF 2015

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The Sindhudurg Diocesan Educational Trust, Kankavali, through its President/Secretary .... Petitioner

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The State of Maharashtra, through the Secretary and ors. .... Respondents

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AND ALONG WITH WRIT PETITION No. 6123 OF 2015

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The Sindhudurg Diocesan Educational Trust, Kankavali, through its President/Secretary .... Petitioner vs The State of Maharashtra, through the Secretary and ors. .... Respondents

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Mr. Prashant Bhavake for the petitioners in all Petitions. Ms. S.S. Bhende, AGP for respondent/State in all Petitions.

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CORAM: ANOOP V. MOHTA AND A. A. SAYED, JJ.

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DATE : September 01, 2015

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ORDER:

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Rule, returnable forthwith. Heard finally by consent.

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2 We are inclined to dispose of the present Petitions as Respondent No.3-Education Officer, Zilla Parishad,Sindhudurg, rejected the proposal for approval of appointment of the Petitioners as Shikshan Seveks in Petitioner No.1-School mainly by referring to Government Resolution dated 12 February 2015 which has foundation of Government Resolution dated 23 October 2013 referring to non-teaching staff which, in our view, and even otherwise, is not applicable to Petitioners' cases for such purpose. Therefore, without expressing anything on merits and solely on this ground and by keeping all points open, order dated 13.04.2015 passed by Respondent No.3-Education Officer is quashed and set aside. We direct the Respondents to consider the cases of Petitioners/proposals in accordance with law including the issue with regard to the minority institution as early as possible and preferably within eight weeks. The writ petitions are disposed of,

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with liberty.

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3 Rule in all the Petitions made absolute accordingly, with

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liberty.

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