Sudha Sachin Patil @ Suganda R Redekar v. The State Of Maharashtra Thru The Secretary, School Edu. And Sports Dept. And ORS
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1/8 502 WP-33884-18-GROUP (Modified).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION (l) NO.33884 OF 2018 [Modified as per Order dated 23 rd September, 2019 ] Yasmeen Sikandar Tamboli WRIT PETITION (L) NO.14684 OF 2018 Priyanka Baburao Belavakar WRIT PETITION (L) NO.14685 OF 2018 Alka Tukaram Shinde WRIT PETITION (L) NO.14686 OF 2018 Kanbur Education Society through its President/Secretary & ors WRIT PETITION (L) NO.14687 OF 2018 Manisha Eknath Bagane WRIT PETITION NO.14688 OF 2019
2/8 502 WP-33884-18-GROUP (Modified).doc Sonal Ajit Patil WRIT PETITION (L) NO.14689 OF 2018 Sudhir Tukaram Kamble WRIT PETITION (L) NO.14690 OF 2018 Sujay Rangrao Yadav WRIT PETITION (L) NO.31411 OF 2018 Kanbur Education Society through its President/Secretary & ors WRIT PETITION (L) NO.31423 OF 2018 Kanbur Education Society through
3/8 502 WP-33884-18-GROUP (Modified).doc its President/Secretary & ors WRIT PETITION (L) NO.33349 OF 2018 Gitanjali Pandurang Patil WRIT PETITION (L) NO.33357 OF 2018 Yogita Jaysing Patil WRIT PETITION (L) NO.33509 OF 2018 Sangram Balaso Kamble WRIT PETITION (L) NO.33619 OF 2018 Anita Ashok Kharpe WRIT PETITION (L) NO.33885 OF 2018
4/8 502 WP-33884-18-GROUP (Modified).doc Nilesh Hasiram Choudhari WRIT PETITION (L) NO.33888 OF 2018 Pratiksha Balasaheb Patil WRIT PETITION (L) NO.34419 OF 2018 Sachin Prakash Panhalkar WRIT PETITION (L) NO.34437 OF 2018 Ramesh Shripati Kamble WRIT PETITION (L) NO.35397 OF 2018 Vidya Vitthal Patil @ Vidyulata
5/8 502 WP-33884-18-GROUP (Modified).doc M. Kondekar WRIT PETITION (L) NO.35505 OF 2018 Sudha Sachin Patil @ Suganda Redkar WRIT PETITION (L) NO.35396 OF 2018 Indra Ramlingappa Terdal WRIT PETITION (L) NO.35396 OF 2018 Hemlata Pradeep Patil WRIT PETITION (L) NO.37068 OF 2018 Pruthviraj Sanjaysinh Gaikwad The State of Maharashtra through Secretary and Ors.
6/8 502 WP-33884-18-GROUP (Modified).doc ...
Mr. Prashant S. Bhavake for the Petitioner.
Mr.Umesh H. Pawar for the petitioner in WP St 33357/18 and WP St 33509/18.
CORAM: SMT. BHARATI H.DANGRE, JJ.
(Vacation Court) DATED : 26th DECEMBER, 2018 P.C:- In a group of petitions, the petitioners have approached this Court seeking direction to the Education Ofcer to decide the proposal submitted by the Head of the Institutions in which they are working, seeking individual approval for their appointment as Shikshan Sevak. The petitioners are apprehensive that while the proposal is pending, the Education Ofcer may place other surplus teacher on the post which they are occupying and in respect of which approval is sought from the competent authority.
Mr.Bhavake invites my attention to a Division Bench order in Writ Petition dated 3rd December 2018.
7/8 502 WP-33884-18-GROUP (Modified).doc In the said matter, this Court had recorded the statement of the learned AGP that the proposals which are pending would be decided fnally by 31st January 2019. The said statement was accepted as an undertaking to the Court and it was also recorded that the proposals be listed seratium and decided so that individual petitioners and the managements are not constrained to approach this Court and add to its pendency. The Court also expressed that the State of Maharashtra would issue appropriate guidelines regarding the manner in which the proposals would be processed, scrutinized and decisions would be taken in the end of Academic Sessions i.e. 31st March 2019. In the backdrop of the order passed on 3rd December 2018, the petitioners also need protection of the same order and the petitions deserve to be disposed of with a direction to the Education Ofcer to decide the proposal in view of the specifc undertaking by learned AGP of the Division Bench in Writ Petition No.9725 of 2018 that all the pending proposals would
8/8 502 WP-33884-18-GROUP (Modified).doc be taken up seratium by Education Ofcer and decided by a deadline of 31st March 2019. In such circumstances, the proposal of the petitioner is directed to be decided by Education Ofcer in light of the undertaking given to this Court in Writ Petition No.9725 of 2018.
As long as the proposal is pending and fnal decision is taken on the said proposal, the respective Education Ofcer is directed not to post any surplus candidate. However, if the decision goes adverse to the petitioners in the next academic session, the Education Ofcer would be at liberty to fll in the said post by absorbing the surplus teachers on the said post.
List the matter on 15th February 2019.
(SMT. BHARATI H. DANGRE, J.)