LAWS(BOM)-2005-2-100

BHUSHAN ARVIND SONAWANE Vs. STATE OF MAHARASHTRA

Decided On February 16, 2005
BHUSHAN, ARVIND SONAWANE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule returnable forthwith. By consent of parties, petitions are heard and decided finally.

(2.) The petitioners in all these petitions are the employees of Ashram school run by respondent No. 4 Dnyan Vikas Mandal, Indave, Tq. Sakri, Dist. Dhule. The proposal for approval of their appointments has been rejected by common order dated 31/3/2004 by respondent No. 2. The said order is challenged by them by preferring separate writ petitions. The validity of order of rejection of approval being the common question in all these four petitions, these petitions are decided by this common judgment.

(3.) Respondent No. 4 Society runs aided Ashram School at Indave, Tq. Sakri, Dist. Dhule. The petitioner Yogesh Deore has been appointed as Assistant teacher in the year 1999-2000. He belongs to open category. Petitioner Bhushan sonavane; who belongs to open category, is appointed as Assistant Teacher in the year 2000-01. Petitioner Jotising Bagul, who belongs to Scheduled Tribe category, is appointed in the year 2001-02. Petitioner Pravin Sonavane who belongs to Other Backward Category is appointed in the year 1999-2000. Their appointments were made after following necessary procedure i. e. by calling applications by publishing advertisement in the local newspaper. Respondent nos. 2 and 3 granted approval to their appointments in the respective years. However, respondent No. 2 by his order dated 31-3-2004 rejected approval of 7 employees including these petitioners, for the year 2003-04, on the ground that their appointments have not been made following the procedure prescribed for appointments. Being aggrieved by the said order of rejection of approval, petitioners preferred present petitions.