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/6123/2015

Case brief

AI extract

What is this about?

The High Court quashed an order rejecting a proposal to appoint non-teaching staff as Shikshan Sevaks in a minority-institution school, holding that the referenced Government Resolutions did not apply to such cases.

What did the court decide?

Order dated 13.04.2015 rejected by the Education Officer is quashed and set aside. Petitions disposed of with liberty to consider cases 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

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.... 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

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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.3Education Officer, Zilla Parishad,Sindhudurg, rejected the proposal for approval of appointment of the Petitioners as Shikshan Seveks in Petitioner No.1School mainly by referring to Government Resolution dated 12 February 2015 which has foundation of Government Resolution dated 23 October 2013 referring to nonteaching 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.3Education 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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4 No costs.

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(A. A. SAYED, J.) (ANOOP V. MOHTA, J.)

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C E R T I F I C A T E

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“ I certify that this Judgment/Order uploaded is a

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true and correct copy of original signed

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Judgment/Order.”

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Uploaded by :D. G. MURUMKAR, Senior Private

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Secretary to Hon’ble Judge

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Uploaded on : 02/09/2015

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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