1 9362.10 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9362 OF 2010 Pen Education Society & Anr. ...Petitioners Versus State of Maharashtra & Anr. ...Respondents ...... Mr.N.V.Bandiwadekar for Petitioners. Mrs.S.S.Bhende, A.G.P. for Respondents. ...... CORAM:- A.M.KHANWILKAR AND R.Y.GANOO, JJ. DATED:- JULY 27, 2011. P.C. 1. Heard Counsel for the parties. 2. Rule. Rule made returnable forthwith, by consent. Mrs.Bhende, A.G.P. waives notice for Respondents. 3. As short question is involved, Petition is taken up for final disposal forthwith, by consent. 4. The principal grievance in this Petition is that by the impugned order, the Education Officer (Secondary) has rejected the proposal to grant approval to the appointment of petitioner No.2 as Junior Clerk in private 2 9362.10 High School, relying on policy decision of the Government incorporated in Government Resolution dated 10th June, 2010 overlooking the fact that the petitioner No.2 was appointed on 1st July, 2007 and the proposal for approval was also submitted in September, 2007. In other words, the petitioner No.2 was not appointed after the Government Policy was introduced vide Resolution dated 10th June, 2010. This is the manifest error committed by the Education Officer while considering the proposal for approval to the appointment of the petitioner No.2. 5. After perusing the impugned decision dated 8th October, 2010 passed by the Education Officer, we are in agreement with the submission of the petitioners that the decision of the Education Officer was influenced by the Policy of the Government incorporated as GR dated 10th June, 2010. That Policy can have no application to the case of the petitioner No.2 who was appointed in anterior point of time in July 2007 and more so when his proposal was forwarded by the School for approval in September, 2007. 6. In the circumstances, we set-aside the impugned decision of the Education Officer and relegate the parties before the Education Officer for reconsideration of the proposal keeping in mind other parameters required 3 9362.10 to be fulfilled for granting approval to the appointment of petitioner No.2 as Junior Clerk. All questions in that behalf are left open. 7. Accordingly, the Petition is allowed. Rule is made absolute in terms of prayer clause (b), on the above terms. 8. The Education Officer shall reconsider the proposal of the petitioner No.2 afresh as expeditiously as possible and in any case, within eight weeks from today. The Education Officer is free to give opportunity to all concerned before taking any final decision in the matter. (R.Y.GANOO, J.) (A.M.KHANWILKAR, J.)