Allowed

Ashok Nivrutti Gopwad v. Education Officer Zp Latur and Others

Bombay HC24 Feb 2016WP/1726/2016

Case brief

AI extract

What is this about?

Petition sought direction for expeditious verification of scheduled tribe certificate and absorption of petitioner as an assistant teacher after completing three years of service as a shikshan sevak in a public school. Court directed allotment of caste certificate and proposal for promotion within eight months, with provisional appointment approval within three months.

What did the court decide?

Respondents directed to decide caste certificate proposal within eight months; transmit fresh proposal for petitioner's appointment as Assistant Teacher within eight months; grant provisional approval

Ashok Nivrutti Gopwad Vs Education Officer Zp… — Pension and Retirement Benefits | Bombay HC (2016)

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1726 OF 2016

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Ashok s/o Nivrutti Gopwad, age: 32 years, Occ: service, R/o Vikram Nagar, Latur, Tq. & District Latur.

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Petitioner

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Versus

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01 Education Officer (Secondary), Zilla Parishad, Latur, District Latur.

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02 Scheduled Tribe Certificate

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Scrutiny Committee, Aurangabad Division, Aurangabad,

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through its Member Secretary.

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03 Vimaltai Madhyamik Vidyalaya, Davan Hipparga, Tq. Devni,

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District Latur,

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through its Head Master.

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Respondents

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Mr.S.S.Phatale, advocate for the petitioner. Mr.S.B.Pulkundwar, A.G.P. for Respondents No.1 & 2. Mr.D.B.Shinde, advocate for Respondent No.3.

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CORAM : R.M.BORDE &

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A.I.S.CHEEMA, JJ. DATE : 24th February, 2016

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ORAL JUDGMENT (Per R.M.Borde, J.):

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1 Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.

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2 Petitioner claims to belong to “Koli Mahadev”,

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Scheduled Tribe. Since petitioner has been appointed as Shikshan Sevak in Respondent No.3 – School on 16.06.2011 as against a post prescribed for Scheduled Tribe category, caste/tribe certificate issued to him has been referred for verification to Respondent No.2 – Scrutiny Committee and the proposal is stated to be pending.

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3 In the facts and circumstances of this case, Respondent No.2 is directed to take decision on the proposal for verification of caste/tribe certificate of the petitioner, as expeditiously as possible, preferably within a period of eight months from today; and it is accordingly directed.

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4 Petitioner states that he has completed three years' service as a Shikshan Sevak and as per the scheme framed by the State Government, he is required to be absorbed in service on the post of Assistant Teacher.

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5 Petitioner has completed three years service as a Shikshan Sevak on 15.06.2014 and is stated to be still in employment with Respondent No.3. Respondent No.3 has tendered a proposal for approval treating the petitioner as Shikshan Sevak, which is contrary to the scheme framed by the State Government.

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6 Respondent No.3, in these circumstances, shall transmit a fresh proposal, seeking approval to the appointment of petitioner as an Assistant Teacher with effect from 16.06.2014, as expeditiously as possible, preferably within a period of eight months from today. Respondent No.1 – Education Officer, on receipt of the proposal shall take appropriate decision, in

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accordance with law, as regards granting provisional approval to the appointment of petitioner as an Assistant Teacher, without insisting for validity certificate and subject thereto, as expeditiously as possible, preferably within a period of three months from the date of receipt of proposal.

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7 Rule is accordingly made absolute. There shall be no order as to costs.

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A.I.S.CHEEMA R.M.BORDE JUDGE JUDGE

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R.M.BORDE

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Ashok Nivrutti Gopwad v. Education Officer Zp Latur and Others

Case brief

What is this about?

What did the court decide?

Ashok Nivrutti Gopwad v. Education Officer Zp Latur and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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