LAWS(BOM)-2021-7-85

SHITAL KUMAR PATIL Vs. STATE OF MAHARASHTRA

Decided On July 16, 2021
Shital Kumar Patil Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Learned AGP waives service for the respondent nos.1 & 2. No reliefs are claimed against the respondent nos.3 & 4. By consent of petitioner and the respondent nos.1 & 2, both these petitions were heard together and are being disposed of finally by this common order.

(2.) Learned counsel appearing for the petitioner addressed this Court in Writ Petition No.4273 of 2019 and jointly state that the issue involved in both these petitions are identical and thus the order that would be passed in Writ Petition No.4273 of 2019 would apply in Writ Petition No.4275 of 2019 also. Statement is accepted. The petitioner has impugned the order passed by the Education Officer, the respondent no.-2 herein rejecting the proposal submitted by the respondent no.4 for seeking approval to the appointment of the petitioner to the post of a peon. Some of the relevant facts in both these petitions are as under : -

(3.) The respondent no.3 is a minority educational institution registered under the provisions of Maharashtra Public Trust Act, 1950. Some time in the year 2017 a vacancy arose in the respondent no.4 school for the post of Peon. The respondent no.3 issued an advertisement inviting applications from eligible persons for appointment to the said post of peon. Several candidates including the petitioner applied for the said post. After conducting interview of all the candidates including petitioner, the petitioner was found to be most suitable candidate for the said post of the peon. He was selected for the said job. The School Committee accordingly passed a Resolution in respect of the appointment of the petitioner to the post of peon in the respondent no.4 school for a period from 1st July 2017 to 30th June 2020. On 30th June 2017, the respondent no.3 appointed the petitioner to the said post of peon w.e.f. 1st July 2017.