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Bajrang Shankarrao Parsure And Another vs The State Of Maharashtra And Others on 24 December, 2025 cites

Baliram Pandurang Salunke vs The State Of Maharashtra And Others on 3 December, 2018

16. So far as judgment relied upon by learned counsel for the petitioners in the case of Baliram Pandurang Salunke (supra) is concerned, in the said case the authenticity of the application seeking prior permission for issuance of advertisement by the Management was not disputed nor the legality and validity of the advertisement was ever disputed and, therefore, this Court has held in the said judgment that, failure to decide the application seeking prior permission for issuance of advertisement, for a considerable period, entitled the Management to issue an advertisement and it was in that context the said judgment was delivered. The facts in the said case and the case in hand are different. In the present case, we have carefully gone through the documents annexed with the writ petition and the affidavit-in-reply filed by the respondent No.3 and we find that the documents annexed with the writ petition are only an eyewash in order to overcome with the findings arrived at by the respondent No.2 - Education Officer as can be seen that the respondent No.2 - Education Officer has filed an affidavit-in-reply on 10.03.2022 by pointing out all these illegalities and in order to overcome with this the respondent No.3 - Management filed its affidavit-in-reply after almost a period of two years i.e. on 08.07.2024 by placing on record the documents which we have referred to above. This Court finds that the 11 89(rr).WP.5201.21.odt appointments of the petitioners are contrary to the provisions of law and this Court cannot endorse the said illegality. This Court finds that directing the respondent No.2 to grant approval to the appointments of the petitioners and more so when the respondent No.3 - Management is receiving grant in aid, that will certainly burden the payment of their salaries from the public exchequer. In that view of the mater, we are not inclined to consider the submissions of the petitioners that they have been appointed by following due procedure of law.
Bombay High Court Cites 0 - Cited by 0 - M S Patil - Full Document
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