Partly allowed

Anup Ganesh Warodkar v. the State of Maharashtra, through Its Vocational Education and Training Department, Nagpur and 2 Ot

Bombay HC24 Nov 2022WP/6441/2019

Case brief

AI extract

What is this about?

In a writ petition, the court held that the respondent's order declining appointment approval was violative of the Government Resolution of 2017 and precedent. The matter was remanded for reconsideration.

What did the court decide?

Impugned order dated 21.05.2018 set aside and matter remanded to Joint Director for fresh decision within eight weeks.

Anup Ganesh Warodkar Vs the State of Maharashtra… — Education and Admissions | Bombay HC (2022)

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31.wp.6441.2019.Judgment...odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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WRIT PETITION NO.6441 OF 2019

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Anup Ganesh Warodkar, Aged about : 31, Occ: Teacher; R/o 139, ‘Vimalraj’ Omkar Nagar Manewada Ring Road, Nagpur – 27. ..... PETITIONER

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// VERSUS //

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The State of Maharashtra, Through its Vocational Education and Training Department, Civil Lines, Nagpur – 440001.

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Deputy Director, Vocational Education and Training Department, Civil Lines, Nagpur – 440001.

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Divisional Vocational Officer, (R.No.4 added as per Vocational Education and Training Court’s order dtd.02/2/2022) Department, Nagpur.

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Bengali Education Society, (Amended carried out Through its President, Devi Ashiliya Mandir as per Court order Marg Dinanath High School Campus, dt.2/02/2022) Dhantoli, Nagpur 440012. .... RESPONDENTS

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- - - - Shri. S. P. Bhandarkar, Advocate for petitioner. Ms. H. N. Jaipurkar, AGP for respondent Nos.1 to 3/State.

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CORAM : SANDEEP K. SHINDE AND

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MRS. VRUSHALI V. JOSHI, JJ. DATED : 24/11/2022

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ORAL JUDGMENT : [ PER: SANDEEP K. SHINDE , J.]

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Rule. Rule made returnable forthwith. Heard finally by

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consent of the learned counsel appearing for the parties.

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This petition under Article 226 of the Constitution of India takes exception to order dated 21.05.2018 whereby by the District Vocational Officer, declined approval to the appointment of Shri Anup Ganesh Warodkar, sought by the petitioner, a Minority Institute. The approval was declined on the ground that while appointing Shri Anup Ganesh Warodkar, prior permission of Education Officer, under proviso to Section 5(1) of the Maharashtra Employees of Private Schools (Conditions of Service) Act (in short M.E.P.S. Act) was not sought.

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The learned counsel for the petitioner would invite our attention to clause 8 of the Government Resolution dated 12.09.2017 which according to him would govern the issue herein. The clause 8 of the said Government Resolution reads as under.:

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“ 8½ T;k vYila[;kad laLFkkauh fjDr inkojhy inHkjrhl ijokuxh ekfxrysyh vkgs] R;kl mDr uewn dsY;kizek.ks dk;Zokgh d:u ijokuxh ns.;kr ;koh vFkok uk&gjdr izek.ki= u ?ksrk v'kh inHkjrh dsyh vlY;kl v'kk inHkjrhl oS;fDrd ekU;rk ns.;kckcr vko';d dk;Zokgh dj.;kr ;koh- ”

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Thus could be seen that the clause 8 above empowers the

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Director of the Education, to grant approval to the appointment on

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31.wp.6441.2019.Judgment...odt

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vacant post in minority institute. We therefore, find that the said Government Resolution is applicable to the facts of the case at hand.

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The learned counsel for the petitioner relies on the decision of this Court in the case of Dinnath High School and Junior College and others Vs. The State of Maharashtra, through its Secretary, Department of Technical Education, Mumbai and others in Writ Petition No.3496 of

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2018 . The facts and the decision in the cited case and the facts in the case at hand are almost identical. Thus, having not adhered to the provisions of the Government Resolution dated 12.09.2017 while declining approval to the appointment of Shri Anup Ganesh Warodkar we set aside the impugned order dated 21.05.2018 and remand matter back to the Joint Director – Vocational Education and Training Department, who shall decide the approval proposal dated 07.07.2017 in accordance with the resolution dated 12.09.2017, within eight weeks from today.

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The Writ Petition is partly allowed.

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Rule accordingly.

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Digitally signed byANANT R SARKATE Signing Date:28.11.2022 10:50

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(MRS. VRUSHALI V. JOSHI, J.) (SANDEEP K. SHINDE, J.)

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Sarkate.

Anup Ganesh Warodkar v. the State of Maharashtra, through Its Vocational Education and Training Department, Nagpur and 2 Ot

Case brief

What is this about?

What did the court decide?

Anup Ganesh Warodkar v. the State of Maharashtra, through Its Vocational Education and Training Department, Nagpur and 2 Ot

Case brief

What is this about?

What did the court decide?

What the court decided

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