LAWS(BOM)-2014-4-156

NAMITA NARAYAN JHA Vs. EDUCATION OFFICER

Decided On April 17, 2014
Namita Narayan Jha Appellant
V/S
EDUCATION OFFICER Respondents

JUDGEMENT

(1.) Heard learned Counsel for respective parties. With their consent matters are taken up for final disposal by issuing Rule, making the same returnable forthwith. Two teachers recruited in open category, after following proper procedure are before this Court challenging the impugned order dated 29-4-2011. By the said order, the approval given to their appointments as Shikshan Sevaks for a period of three years on 30-3-2010, has been cancelled.

(2.) Shri Kapgate as also Shri Samarth, learned Counsel appearing for respective petitioners submit that the recruitment has been done after publishing an advertisement and completing proper procedure in accordance with the law. The advertisement was also published after due previous permission of the department. Petitioners were then appointed as Shikshan Sevaks for a period of three years i.e. from 22-3-2010. Their appointment was also duly approved by the department on 30-3-2010. It was all of a sudden cancelled on a complaint made by an ex-office bearer of the Trust. That cancellation was questioned before this Court in Writ Petition No. 4086/2010. The said Writ Petition was disposed of on 29-10-2010 by directing the Deputy Director of Education to hear the respective petitioners and take a fresh decision. Fresh decision has accordingly been taken on 24-9-2011.

(3.) Respective Counsel appearing on behalf of the petitioners submit that when petitioners are not at fault, their otherwise valid recruitment could not have been faulted with only on the ground that backlog existed. Support is being taken from an unreported judgment of Division Bench dated 23-4-2004 in Writ Petition No. 2059/2004, Miss Sarika Rupchand Kanherkar vs. State of Maharashtra and others delivered at Bombay and a judgment of learned Single Judge of this Court in case of Anil Bhanudas Shedge vs. Subhashnagar Education Society and others, 2010 4 MhLJ 940