RADHIKA Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

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

(2.) Petitioner is seeking writ of certiorari or directions in the nature of certiorari against order dtd. 21/1/2017, passed by respondent No.2 - Education Officer (Primary), Zilla Parishad, Parbhani, communicating refusal of approval to appointment of present petitioner. Under impugned order, it has has been referred to that since 14 teachers and 73 other category employees are to be accommodated and having regard to order in Writ Petition No.9076 of 2016 and proviso under sec. 5 (1) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act,1977 until all surplus teachers are accommodated, decision upon proposal submitted on 9/10/2015 would not be taken referring to decision by Nagpur Bench in Writ Petitions No.6606 of 2015, 6607 of 2015 with companion writ petitions and Writ Petition No. 156 of 2016.

(3.) The documents placed on record shows that management of respondent No. 3 school had published advertisement in news-paper on 3/12/2014 and thereupon by following due procedure, inter alia, constituting selection committee, appointment order in favour of the petitioner had been issued on 31/12/2014 and accordingly it appears that proposal for grant of approval to her appointment had been moved on 9/10/2015. As there was no response from education officer for almost one year, petitioner was constrained to file writ petition No. 12579 of 2016 and this court by order dtd. 16/1/2017 directed respondent No. 2 - education officer to consider and decide proposal for approval to appointment of petitioner within six weeks. Thereafter without hearing to petitioner, under impugned order negation to the request has been communicated.