Full Judgment Text
2015:BHC-AS:19572-DB
This Order is modified/corrected by Speaking to Minutes Order dated 26/08/2015
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7587 OF 2015
1 Dadade Khanderao Vithoba
Aged: Adult, Occ: Working as a
Peon in Petyitioner No.2 School
2 Janata Vidyalay,
Pimpalkothe, Tal Baglan,
Dist. Nashik,
Through its Head Master
3 Maratha Vidya Prasarak Samaj,
Nashik, having Central Office at
Shivaji Nagar, Gangapur Road,
Nashik 422 002
Through its Sarchitnis .... Petitioners
vs
1 The State of Maharashtra,
Through the Secretary,
School Education Department,
Mantralaya, Mumbai 400 032
2 The Education Officer (Secondary)
Zilla Parishad, Nashik .... Respondents
WITH
Writ Petition NO. 7588 OF 2015
PITHE HEMANT TUKARAM AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT.
AND ORS. ...Respondent(s)
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WITH
Writ Petition NO. 7589 OF 2015
KOLI SURESH PRALHAD AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT.
AND ORS. ...Respondent(s)
WITH
Writ Petition NO. 7590 OF 2015
PAWAR VASANT DATTATRAY AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT.
AND ORS. ...Respondent(s)
WITH
Writ Petition NO. 7591 OF 2015
JOPLE SACHIN PANDURANG AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT.
AND ORS. ...Respondent(s)
WITH
Writ Petition NO. 7592 OF 2015
NEHARE PUNDLIK POPAT AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT. AND ORS. ...Respondent(s)
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WITH
Writ Petition NO. 7593 OF 2015
PARDESHI RUPESH BHAGATSING AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT. AND ORS. ...Respondent(s)
WITH
Writ Petition NO. 7594 OF 2015
RAUT RAKESH DAULAT AND ORS ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY AND ANR ...Respondent(s)
WITH
Writ Petition NO. 7595 OF 2015
CHANDAN ANIL SUBHASH AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT. AND ORS. ...Respondent(s)
WITH
Writ Petition NO. 7596 OF 2015
DALVI SAKHARAM DHAVLU AND ORS ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY AND ANR ...Respondent(s)
WITH
Writ Petition NO. 7597 OF 2015
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JADHAV SHARAD MOTIRAM AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT. AND ORS. ...Respondent(s)
WITH
Writ Petition NO. 7598 OF 2015
SAIYYAD ALTAF HARUN AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT. AND ORS. ...Respondent(s)
WITH
Writ Petition NO. 7599 OF 2015
SANGLE SANDEEP BAJIRAO AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT. AND ORS. ...Respondent(s)
WITH
Writ Petition NO. 7600 OF 2015
BIDGAR DNYANESHWAR KEDU AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT. AND ORS. ...Respondent(s)
WITH
Writ Petition NO. 7601 OF 2015
SHELKE RAM SHIVAJI AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT. AND ORS. ...Respondent(s)
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WITH
Writ Petition NO. 7602 OF 2015
PATEKAR CHANDRAKANT MADHAV AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT. AND ORS. ...Respondent(s)
WITH
Writ Petition NO. 7603 OF 2015
CHAVAN SHANTARAM JAGANNATH AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT. AND ORS. ...Respondent(s)
WITH
Writ Petition NO. 7604 OF 2015
SURYAVANSHI NITIN BALU AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT. AND ORS. ...Respondent(s)
WITH
Writ Petition NO. 7605 OF 2015
KAPSE ANIL AMBADAS AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT. AND ORS. ...Respondent(s)
WITH
Writ Petition NO. 7606 OF 2015
JADHAV KISHOR ASHOK AND ORS. ...Petitioner(s)
Versus
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THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT. AND ORS....Respondent(s)
WITH
Writ Petition NO. 7607 OF 2015
MAHALE SANDEEP KHANDERAO AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT. AND ORS. ...Respondent(s)
WITH
Writ Petition NO. 7608 OF 2015
ANBHULE RAKESH DATTATRAY AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT. AND ORS. ...Respondent(s)
passWITH
Writ Petition NO. 7609 OF 2015
BARDE SANTOSH SOMNATH AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT. AND ORS. ...Respondent(s)
WITH
Writ Petition NO. 7610 OF 2015
PHATANGADE SAWKAR SAKHARAM AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT. AND ORS. ...Respondent(s)
WITH
Writ Petition NO. 7611 OF 2015
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POTINDE VIVEK GANPAT AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT. AND ORS. ...Respondent(s)
WITH
Writ Petition NO. 7612 OF 2015
PAWAR MILIND SURATSING AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT. AND ORS. ...Respondent(s)
WITH
Writ Petition NO. 7613 OF 2015
SURYAVANSHI DEEPAK DHANRAM AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT. AND ORS. ...Respondent(s)
WITH
Writ Petition NO. 7614 OF 2015
PURE SAURABH SHAM AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT. AND ORS. ...Respondent(s)
WITH
Writ Petition NO. 7616 OF 2015
GAIKWAD MUKUND VITHAL AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT. AND ORS. ...Respondent(s)
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WITH
Writ Petition NO. 7617 OF 2015
SONAWANE DEELIP MOTIRAM AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT. AND ORS. ...Respondent(s)
WITH
Writ Petition NO. 7615 OF 2015
PARDHE BHAUSAHEB EKNATH AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT. AND ORS. ...Respondent(s)
WITH
Writ Petition NO. 7618 OF 2015
AVHAD TANAJI KISAN AND ORS. ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY, SCHOOL EDUCATION DEPT. AND ORS. ...Respondent(s)
WITH
Writ Petition NO. 7619 OF 2015
BHAVAR KHUSHAL SUBHASH AND ORS ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY AND ANR ...Respondent(s)
WITH
Writ Petition NO. 7620 OF 2015
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MALI RAJENDRA NIVRUTTI AND ORS ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY AND ANR ...Respondent(s)
WITH
Writ Petition NO. 7621 OF 2015
PAWAR VILAS KARBHARI AND ORS ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY AND ANR ...Respondent(s)
WITH
Writ Petition NO. 7622 OF 2015
DAGLE VALU JAGANNATH AND ORS ...Petitioner(s)
Versus
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY AND ANR ...Respondent(s)
Mr. N. V. Bandiwadekar with Mr. Sagar Mane for the
petitioners in all matters.
Mr. V. N. Sagare, AGP for respondents 1 and 2 in all matters.
CORAM: ANOOP V. MOHTA AND
A. A. SAYED, JJ.
DATE : August 20, 2015
ORAL JUDGMENT: (Per Anoop V. Mohta, J.):
Rule, made returnable forthwith. Heard finally by
consent of parties.
2 As common issues are involved and as the Respondents
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and the nature of orders, including the contents of the same are
common, therefore, we are inclined to dispose of all these Petitions
by this Judgment.
3 This Court, after hearing both the parties, on
13.04.2015 (Writ Petition No.3037/2015 along with other
companion matters) in similarly situated circumstances in respect
of the very same Petitioners, directed the Respondents to decide the
Application for approval filed by Petitioner No.3management also
in accordance with law.
4 By impugned orders dated 25 June 2015, Respondent
No.2Education Officer, Zilla Parishad, without assigning any
reasons specifically to the fact that all the Petitioners appointments
were made by following the due procedure prior to 2 May 2012,
after due advertisement and obtaining due permission from
Respondent No.2. As these facts go to the root of the matter, the
Respondent, while passing the impugned order, though referred to
Government Resolutions dated 2 May 2012, 23 October 2013, 14
October 2014 and 12 February 2015 but failed to take note of above
facts and other circulars and its effects, as the Government
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Resolutions as referred, are subsequent to the appointments in
question & prospective in operation. There is nothing on record to
show that these Government Resolutions have retrospective effect.
5 The learned counsel appearing for the Petitioners has
pointed out relevant Government Resolution dated 6 September
2015 which covers the case as contended by the Petitioners that the
appointments made prior to 2 May 2012 are required to be granted
approval. There is not even reference made to this Government
Resolution in the impugned order while referring to the
Government Resolutions so recorded above. The impugned order,
therefore, is unjust, unsustainable and liable to be quashed and set
aside. Therefore, in the interest of justice and considering the
missing reasons, we are inclined to interfere with the similar
impugned orders dated 25 June 2015, and accordingly quash and
set aside. Therefore, the following order :
ORDER
(i) Impugned communications/letters dated 25
June 2015 issued by Respondent No.2 are
quashed and set aside.
(ii) Respondent No.2 is directed to decide the
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Applications afresh in view of above
observations with reasons, as early as
possible, preferably within eight weeks from
today.
(iii) All the writ petitions are accordingly allowed.
(iv) Rule in all the Petitions made absolute in the
above terms.
(v) No costs.
Parties to act on the basis of an authenticated copy of
this order.
(A. A. SAYED, J.) (ANOOP V. MOHTA, J.)
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