PARMESHWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard learned counsel appearing for the respective parties finally, by consent.

(2.) Present Petition has been filed for following reliefs:-

(3.) The factual matrix leading to the Petition are that respondent No.4 is registered educational institution, which runs respondent No.5 school. The post of junior clerk became vacant due to death of earlier employee and therefore, respondent No.4 decided to fill up the said post by resolution dtd. 15/6/2018. An advertisement came to be issued 21/6/2018. The said post was reserved for Scheduled Tribe (for short "ST") category. In all five candidates had applied and were called for interview. The petitioner was selected and at that time he was having educational qualification as B.A. B.Ed., with having completed MS-CIT Course. The petitioner was also possessing caste validity certificate. Appointment order came to be issued in his favour on 7/7/2019 on the post of junior clerk in payscale. Proposal was then submitted on 25/9/2019 by the headmaster of respondent No.5 for grant of approval to the appointment of the petitioner. The said proposal was not decided immediately. It came to be rejected by respondent No.3 on 31/7/2021 on the ground that in view of Government Resolution dtd. 4/5/2020 no post was allowed to be filled up. The petitioner says that in fact his appointment is prior to 4/5/2020 and therefore, the said Government Resolution is not applicable to him. Surplus candidate was sent to the school by order dtd. 12/1/2021. Even the surplus candidate did not approach respondent No.5 school for joining, still the rejection order was passed, which is illegal and deserves to be set aside.