MURLIDHAR DATTA KAYANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Learned counsel appearing for the parties waive service of notice for the respondents. Rule is made returnable forthwith. By consent of the parties, both these Writ Petitions were heard together and are being disposed off together by common order.

(2.) By Writ Petition No.10039 of 2018, the Management and few others have prayed for a writ of Certiorari for quashing and setting aside the order dtd. 6/8/2018 passed by the Commissioner of Education, Pune and minutes of the order dtd. 24/7/2018 thereby setting aside the order of approval granted by the Education Officer in favour of petitioner No.5 in the said petition. Writ Petition No.13707 of 2018 is filed by the petitioner for quashing and setting aside the order dtd. 6/8/2018 passed by the Commissioner of Education.

(3.) It is the case of the Management as well as petitioner No.5 in Writ Petition No.10039 of 2018 and the petitioner in Writ Petition No.13707 of 2018 that petitioner No.5 and the petitioner, respectively in these two petitions are duly appointed by the Management to the post of Assistant teacher. Those appointments were approved by the Education Officer. However, in view of the complaint filed by the father of respondent No.4 in Writ Petition No.10039 of 2018 and few others to the respondent No.2-Commissioner of Education, regarding alleged illegal approval granted by the Education Officer in favour of petitioner No.5 in Writ Petition No.10039 of 2018 and petitioner in Writ Petition No.13707 of 2018, the Commissioner of Education did not entertain those complaints. Father of respondent No.4 and few others accordingly filed a Writ Petition No.8548 of 2016 in this Court against the State of Maharashtra, the Commissioner of Education, the Assistant Divisional Commissioner, the Education Officer (Secondary), Laxmanrao Shankarrao Patil, who was President of the Management and Laxmikant Shyamrao Limbulkar, Vice President of the Management and two Head Masters.