Sangram Shankar Patil v. the State of Maharashtra, through the Secretary, and Ors.
Case brief
What is this about?
MEPS Act approval; Class-IV appointment without prior permission of Education Officer (Secondary), Zilla Parishad, Kolhapur; rejection of individual approval quashed; non-response of Education Officer's office to permission applications; inquiry, fixation of responsibility, penalty for misconduct; bogus or fabricated documents; ban under Government Resolution dated 10.06.2010; opportunity of hearing and show-cause before relying on ban GR; Management Resolution dated 26.11.2011 versus appointment order 19.11.2011; Vikas Shikshan Mandal Writ Petition No. 6812 of 2024 distinguished; Pooja Yogesh Singh 2024 SCC OnLine Bom 3677 relied on; Shreeya Nitin Sawant WP No. 11093 of 2023; Rajan Sahadeo Ratul Writ Petition No. 1423 of 2021; writ petitions partly allowed; 12 weeks; compliance report; no order as to costs.
What did the court decide?
Impugned orders of the Education Officer dated 24th November 2023 in both petitions quashed and set aside. Education Officer directed to: (iii) conduct an inquiry into why the applications submitted by the respective Managements for grant of permission to issue advertisement or seeking permission for appointment were not decided immediately, and submit the report before this Court within 12 weeks; (iv) grant hearing opportunity to the Petitioners by issuing show-cause notice on the applicability of the Resolution of the Management dated 26th November 2011, seek their explanation, conduct hearing and decide the individual proposals by recording cogent reasons; (v) complete the entire exercise within 12 weeks from receipt of the order; (vi) matter to be listed for reporting compliance after 12 weeks along with the Enquiry Report in terms of clause (iii). No order as to costs.