MAHATMA GANDHI KRUSHAK SHAIKSHANIK SANSTHA Vs. ANANT

JUDGEMENT

(1.) Heard Mr. K. V. Thomas, Adv. for the appellant, Mr. P. N. Shende, Adv. for respondent Nos. 1 and 2 and Mr. N. S. Khubalkar, Assistant Government Pleader for respondent No. 3.

(2.) This is an appeal against the judgment of the learned Single Judge, dt. 5-2-2010 by which the Writ Petition filed by respondents (herein)/employees was allowed with the finding that the reason for rejection of approval to their appointments is incorrect and with a further direction to the Education Officer to re-consider the entire issue of approval in favour of the respondents No. 1 and 2 and so also respondent No. 8. The respondents No. 1 and 2 were employed as Shikshan Sewaks in the school run by the appellant/management. Since the approval was rejected and the respondents were prevented from signing the muster roll, they approached the Grievance Committee which directed the appellants to undertake a fresh selection process. The decision of the Grievance Committee was challenged before the learned Single Judge by way of present Writ Petition.

(3.) The learned Single Judge found that the reason given for refusal of approval i.e. one Rambhau Mahajan, Secretary of the appellant/Management, was not invited to the meetings of the School Committee is not justified and according to the learned Single Judge, the Grievance Committee ought not have accepted this reason for upholding approval. The learned Single Judge has also found that the selection of respondents No.l and 2 was in pursuance of public advertisement whereupon said respondents underwent regular selection process and were appointed after their selection. The learned Single Judge has also found that even the Grievance Committee has not found the selection process to be invalid and has further observed that the defect regarding absence of said Rambhau Mahajan cannot be the basis for undoing the entire selection process.