Bombay High Court
Shikshan Prasarak Mandal, Wadegaon ... vs Deputy Director Of Education, Amravati ... on 29 August, 2018
Author: M.G. Giratkar
Bench: B.P. Dharmadhikari, M.G. Giratkar
2908pil108.18 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
PUBLIC INTEREST LITIGATION NO. 108 OF 2018
(Court on its own Motion vs. The State of Maharashtra thr. its Secretary, Education and Sports
Department & Ors.) WITH
WRIT PETITION NO. 4411 OF 2018
(Samarth Shikshan Mandal thr. its President, Ramtek, District - Nagpur & Ors. vs. The State of
Maharashtra thr. its Secretary, Department of Education & Ors.) WITH
WRIT PETITION NO. 4731 OF 2018
(Pratibha Multi-purpose Education Society thr. its Secretary, Shri Manoj s/o Dayaramji Wade,
Nagpur & Ors. vs. The State of Maharashtra thr. its Secretary, Department of Education & Ors.)
WITH WRIT PETITION NO. 4741 OF 2018
(Lok Kalyan Shikshan Mandal, Neri thr. its President/ Secretary, Tq. Chimur, Dist. Chandrapur &
Ors. vs. The State of Maharashtra thr. its Secretary, Department of School Education & Sports &
Ors.) WITH WRIT PETITION NO. 4745 OF 2018
(Bhawbhuti Shikshan Sanstha thr. its Secretary, Amgaon, Dist. Gondia & Ors. vs. The State of
Maharashtra thr. its Secretary, Department of School Education & Sports & Ors.) WITH
WRIT PETITION NO. 4749 OF 2018
(Raushan Education Society thr. its Secretary Smt. Nazra Patel, Nagpur & Ors. vs. The State of
Maharashtra thr. its Secretary, Department of School Education & Sports & Ors.) WITH
WRIT PETITION NO. 4779 OF 2018
(Jeevan Shikshan Mandal thr. its Secretary, Umred, Dist. Nagpur & Ors. vs. The State of
Maharashtra thr. its Secretary, Department of Education & Ors.) WITH
WRIT PETITION NO. 4817 OF 2018
(Shri Nehru Shikshan Sanstha, Antri Khedekar thr. its Secretary, Tah. Chikhli, Dist. Buldhana &
Ors. vs. The State of Maharashtra thr. its Secretary, Department of School Education & Sports &
Ors.) WITH
WRIT PETITION NO. 4820 OF 2018
(Mahatma Jyotiba Fule Shikshan Sanstha at Post, Deulgaon-Mali, Tq. Mehkar, Dist. Buldhana
thr. its Secretary & Ors. vs. The State of Maharashtra thr. its Secretary, Department of Education
& Ors.) WITH
WRIT PETITION NO. 5188 OF 2018
(Shikshan Prasarak Mandal thr. its Secretary, Chikli, Dist. Buldhana & Ors. vs. The State of
Maharashtra thr. its Secretary, Department of School Education & Sports & Ors.) WITH
WRIT PETITION NO. 5190 OF 2018
(Pavan Sheshrao Ade vs. The State of Maharashtra thr. its Secretary, Department of Education &
Ors.) WITH
WRIT PETITION NO. 5191 OF 2018
(Shikshan Prasarak Mandal thr. its President & Ors. vs. The State of Maharashtra thr. its
Secretary, Department of School Education & Sports & Ors.) WITH
WRIT PETITION NO. 5193 OF 2018
(Rajendra s/o Anil Padghan at Post - Sakharkherda, Tq. Sidhkhedraja, Dist. Buldhana vs. The
State of Maharashtra thr. its Secretary, Department of Education & Ors.) WITH
WRIT PETITION NO. 5228 OF 2018
(Shikshan Prasarak Mandal, Wadegaon, Tq. Balapur, Dist. Akola thr. its President & Ors. vs. The
::: Uploaded on - 30/08/2018 ::: Downloaded on - 30/08/2018 23:54:06 :::
2908pil108.18 2
Deputy Director of Education, Amravati Division & Anr.) WITH
WRIT PETITION NO. 5294 OF 2018
(Bharat Shikshan Prasarak Mandal thr. its Secretary, Sawali, District - Chandrapur & Ors. vs. The
State of Maharashtra thr. its Secretary, Department of School Education & Sports & Ors.) WITH
WRIT PETITION NO. 5295 OF 2018
(Gandhi Smarak Shikshan Sanstha, Taluka - Mehkar, Dist. Buldhana thr. its Secretary & Ors. vs.
The State of Maharashtra thr. its Secretary, Department of Education & Ors.) AND
WRIT PETITION NO. 5142 OF 2018
(Rupali d/o Marotrao Ghatole vs. The State of Maharashtra thr. its Secretary, Department of
School Education & Sports & Ors.)
_____________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders or directions Court's or Judge's orders.
and Registrar's Orders.
CORAM : B.P. DHARMADHIKARI &
M.G. GIRATKAR, JJ.
AUGUST 29, 2018.
Shri P.A. Jibhkate, learned Amicus is seeking time to place on record proper affidavit. A copy thereof is served upon Shri S.Y. Deopujari, learned Government Pleader for the respondent - State Government authorities.
2. We find that since long this Court has found errors in the process of granting permissions to recruit or then approvals to appointment granted thereafter. Permissions are granted at the risk of management and third party interest are permitted to be created. After such third party (new Teacher) puts 2 - 3 years of service, faults which could have been noticed while granting initial permission to recruit are picked up and approval to him/ her is rejected. All these orders need to be produced before this Court for its perusal in the present Public Interest Litigation.
3. In accompanying Writ Petitions, Teachers already recruited and who had approval in their favour ::: Uploaded on - 30/08/2018 ::: Downloaded on - 30/08/2018 23:54:06 ::: 2908pil108.18 3 earlier, as also non-teaching staff similarly placed, complain of cancellation of that approval by the superior authority. The superior authority has without finding any fault with the Education Officer and without blaming him, proceeded to take step which results in putting an end to employment of the Teacher/ non-teaching employee, in the process a new vacancy is created which enables the employer to seek permission to fill-in and, therefore, this cycle starts again.
4. The learned Government Pleader has received copy of petition today and he is seeking time of four weeks to assist the Court effectively in the matter.
5. In this situation, we list all these matters for further consideration on 26.09.2018. Interim orders already operating, to continue.
6. In Writ Petition No. 4411 of 2018, this Court has already granted status quo on 23.07.2018. We now grant ad interim relief in terms of prayer clause (ii).
JUDGE JUDGE
*GS.
::: Uploaded on - 30/08/2018 ::: Downloaded on - 30/08/2018 23:54:06 :::