YOGESH KALYANRAO GHADAGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by consent of the parties.

(2.) By the present petition filed under the provisions of Article 226 and 227 of the Constitution of India, the petitioners have sought the following reliefs :-

(3.) The petitioner No.1 came to be appointed as an Assistant Teacher by appointment order dated 11.08.2014 w.e.f. 12.08.2014 in the pay scale of Rs.9,300-34,800/- G.P. Rs.4,300/- on the post sanctioned on un-aided basis to the division of IX standard in the school run by the petitioner No.2 / Trust. The petitioner No.2 is a Trust registered under the Bombay Public Trusts Act, 1950 and the Societies Registration Act, 1860 and is presently running 29 schools including the school in which the petitioner No.1 came to be appointed. The said school does not receive any grant-in-aid from the Education Department and therefore is an un-aided school, as such the posts of teachers in the said un-aided school are sanctioned on un-aided basis. Pursuant to the appointment of petitioner No.1, petitioner No.2 prepared the proposal for seeking approval to the said appointment and submitted the same to respondent No.2. The respondent No.2 declined to accept the said proposal on the ground that by Government Resolution dated 02.05.2012, the State Government had imposed a ban on recruitment in private schools and therefore the appointment of petitioner No.1 made in the year 2014 was in breach of the said ban. The respondent No.2 / Education Officer therefore declined to accept the said proposal. The petitioner No.2 / Trust once again approached the respondent No.2 / Education Officer by a fresh proposal dated 20.12.2017 and sought grant of approval to the appointment of the petitioner No.1 as Assistant Teacher on un-aided vacant post from 12.08.2014. Along with the said proposal the petitioner No.2 / Trust submitted the detailed list of documentation as required and followed by the petitioner No.2 in appointment of the petitioner No.1 as per law. Since there was no reply, the petitioners once again requested the respondent No.2 / Education Officer on 16.04.2018 to grant the approval.