GANESH NAVNATH KENDRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner Ganesh Navnath Kendre has approached this Court invoking the writ jurisdiction under Article 226 of the Constitution of India seeking issuance of writ of mandamus directing respondent No. 3, the management of the educational institution run by its society to appoint the petitioner on the post of clerk on compassionate grounds as per the State Government policy and also to forward the necessary proposal to respondent No. 2 that is the Education Officer (Secondary) for approval. The petitioner's father was serving as a clerk in the school run by respondent No. 4, which is managed by respondent No. 3 - Society and he expired on 4/4/2021 while in service.

(2.) The petitioner who has passed the higher secondary certificate examination and holds valid certificates in Marathi and English typing as well as MS-CIT qualification submitted his application on 7/6/2021, seeking appointment on compassionate grounds. The said application was duly submitted to the society as well as to the Education Officer. However, the management by its order dtd. 10/3/2025, rejected the petitioner's request for appointment as clerk and instead offered him a post of peon. The petitioner accordingly amended the present petition to challenge the said order as well.

(3.) The petitioner contains that the action of respondent No. 3 is arbitrary and contrary to the Government Resolution dtd. 21/9/2017, issued by the General Administration Department, which governs compassionate appointments. It is submitted that there are two sanctioned vacancies for the post of clerk available in the schools run by respondent No. 3 - Society and that the Education Officer has also issued directions to consider and appoint the petitioner on the said post.