1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Writ Petition No. 5300 of 2010 [Vinod Keshavrao Deshmukh & another Vs. Commissioner, Tribal Development & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri V.M. Deshpande, Adv., for the petitioners. Shri D.M. Kale, AGP for respondents. ----- CORAM : B.P. DHARMADHIKARI AND A.P. BHANGALE, JJ. DATE : 25th August, 2011. 1. Heard learned Adv. Shri V.M. Deshpande for the petitioners and learned AGP Shri D.M. Kale for respondents. 2. Petitioner no.1 is the employee, whose approval is rejected by the impugned communication dated 7 th October, 2009. Petitioner No.2 is his employer. 3. Shri Deshpande points out that reason given is, petitioner no.1 has not been appointed as a Graduate Teacher by promotion. According to him, the school is a new school and it is a fresh recruitment effected for the first time. Hence there is no scope for any promotion. He 2 has also invited our attention to the communication sent by respondent no.3 to respondent no.2, pointing out that a post of Graduate Primary Teacher is held available and admissible to petitioner no.2 on 10 th July, 2008. He has also contended that when Office of Respondent No.2 first returned the proposals back to respondent no.3 on 21 st July, 2009, this was not the reason. 4. Learned AGP, on the other hand, relies upon communication dated 23 rd July, 2008, to urge that a post of Graduate Teacher is required to be filled in only through promotion. 5. After hearing respective counsel, we find that the school at Sajanpuri, Tq. Khamgaon, is a new school and accordingly, respondent no.3 has correctly stated that amongst other posts, one post of a Graduate Primary Teacher is available. Communication dated 23 rd July, 2008 is a later communication which is addressed to parent Trust of petitioner no.2. The communication shows approval to fill in certain posts at Sajanpuri in the year 2008-09. In it, while mentioning the post of a Graduate Primary Teacher, it is specified that a senior-most teacher in primary school having graduate qualification, if possessing training qualification, or then on the condition that he would obtain training within five years, can be promoted. It is obvious that in a new school, there is no such teacher and hence recruitment has to be made for the first time through open 3 market. 6. When interviews were held, respondent no.3 – Project Officer was very much present and thereafter a proposal was forwarded by him through respondent no.2 on 15 th May, 2009. Said proposal was sent back for removing certain lacunae, but in said lacunae, there is no objection, whatsoever, to appointment of present petitioner no.1. 7. In this situation, it is apparent that objection or reason given by respondents for not granting approval to appointment of petitioner no.1 shows total non-application of mind and the same is unsustainable. It is accordingly quashed and set aside. 9. Respondent no.2 to consider proposal of petitioner no.1 at the earliest, and, in any case, within four weeks from today, keeping in mind the fact that petitioner no.1 is not receiving salary since his appointment. 10. Writ Petition is, thus, partly allowed with no order as to costs. Certified copy is expedited. Judge Judge |Hedau| 4