1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5085 OF 2009 Ujjawala D/o Gulabrao Kadam, Age­28 years, Occu:Service, R/o: At Post­Shindad, Taluka­Pachora, District­Jalgaon. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through the Secretary, School Education Department, Mantralaya, Mumbai­40­0 032, 2) The Deputy Director of Education, Nashik Region, Nashik, 3) The Education Officer (Secondary), Zilla Parishad, Jalgaon, District­Jalgaon. 4) Samaj Vikas Mandal, Shindad, Taluka­Pachora, District­Jalgaon, Through its Secretary, 5) Samaj Vikas Vidyalaya, Shindad, Taluka­Pachora, District­Jalgaon, Through its Head Master. ...RESPONDENTS. WITH 2 WRIT PETITION NO.5122 OF 2009 Adhar s/o Bhaurao Tambe, Age­29 years, Occu:Service, R/o: At Post­Shindad, Taluka­Pachora, District­Jalgaon. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through the Secretary, School Education Department, Mantralaya, Mumbai­40­0 032, 2) The Deputy Director of Education, Nashik Region, Nashik, 3) The Education Officer (Secondary), Zilla Parishad, Jalgaon, District­Jalgaon. 4) Samaj Vikas Mandal, Shindad, Taluka­Pachora, District­Jalgaon, Through its Secretary, 5) Samaj Vikas Vidyalaya, Shindad, Taluka­Pachora, District­Jalgaon, Through its Head Master. ...RESPONDENTS. ... Shri.V.G. Sakolkar Advocate for Petitioners in both the Writ Petitions. Shri.R.P. Phatke, A.G.P. for Respondent Nos. 1 to 3 in both the Writ Petitions. Shri.Himanshu A. Patankar Advocate for Respondent Nos.4 and 5 in both Writ Petitions. ... 3 CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 22ND JULY, 2010. ORAL JUDGMENT [PER NARESH H. PATIL, J.] : 1. Rule. Rule made returnable forthwith. By consent of the learned counsel for the parties, the matters are taken up for final hearing at the admission stage itself. 2. The learned counsel for the Petitioners contend that the Petitioner in Writ Petition No. 5085 of 2009, vide order dated 31st March, 2008 was appointed as Shikshan Sevak in Respondent No.5 School for a period of three years commencing from 1st April, 2008 till 31st March, 2011. It is further contended that the Petitioner in Writ Petition No.5122 of 2009 was appointed as Peon in Respondent No.5 School for a period of three years commencing from 9th June, 2008 till 8th June, 2011. The Education Officer(Secondary), Zilla Parishad, Jalgaon by impugned communication dated 4 31st January 2009, rejected to grant approval to the appointment of the Petitioners on the ground that the change report submitted by the management was rejected by the Assistant Charity Commissioner, Jalgaon. 3. Heard learned counsel for the respective parties, perused the documents placed on record and reply filed. Prima facie, we do not find that, this is a good ground to reject approval to the appointment of the petitioners. The Education Officer did not find any flaw in the appointment of the Petitioners as Shikshan Sevak and Peon respectively. The contest of change reports would be always on different grounds and considerations, which shall not affect the appointment of the employees, who are appointed in accordance with law and the scheme framed. 4. Shri. V.G. Sakolkar, learned counsel submitted that after a new elected body entered into office and took charge, they also requested 5 the Education Officer for grant of approval to the appointment of the Petitioners. 5. Shri. Phatke, learned Additional Government Pleader submitted that, it is admitted position that approval to the appointment of the Petitioners was refused on the grounds stated above, but the issue could be reconsidered afresh, in the light of the submissions advanced by the parties and the pleadings raised in these Petitions. 6. Prima facie, we do find that the Education Officer committed error in rejecting approval to the appointment of the Petitioners on the ground stated in the impugned order. We therefore, set aside the impugned order dated 31st January 2009, passed by the Education Officer (Secondary), Zilla Parishad, Jalgaon and remand the matters back to the Education Officer. We direct the Education Officer (Secondary), Zilla Parishad, Jalgaon, to pass a fresh order on the 6 proposal of approval to the appointment of the Petitioners and communicate the same forthwith to the concerned parties. The Education Officer (Secondary), shall complete this exercise within FOUR WEEKS from the date of receipt of this Order. In case the Education Officer (Secondary) grants approval to the appointment of the Petitioners, the approval would be effective from the respective dates of appointment of the Petitioners. . Rule made absolute on the terms indicated above. [K.K. TATED, J.] [NARESH H. PATIL, J.] asb/JULY10/wp5085.09