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2018 Supreme(Bom) 1915

S.S.SHINDE, K.K.SONAWANE
Sunil S/o. Rajendra Fawade – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:Mr. S.R. Kolhare & P.S. Kochar, Advocate
For the Respondent:Mr. P.S. Patil, Addl. G.P., Mr. B.V. thombre, Advocate

JUDGMENT

S.S. SHINDE, J.

1. Heard. Rule. Rule made returnable forthwith, and heard finally with the consent of the parties.

2. This Petition takes exception to the order dated 19th March, 2018, passed by respondent no.2 i.e. Education Officer [Secondary], Zilla Parishad, Latur, thereby refusing approval to the appointment of the petitioner as a Shikshan Sevak/Assistant Teacher, with effect from 12th August, 2013.

3. It is the case of the petitioner that, heis appointed on the post of Assistant Teacher/Shikshan Sevak. The petitioner was duly selected to the post of Shikshan Sevak by following due procedure as prescribed in Section 5 of the Maharashtra Employees of Private Schools [Conditions of Service] Regulation Act, 1977 [forshort ‘Act of 1977’] and Rule 9 of the Maharashtra Employees of Private Schools [Conditions of Service] Rules, 1981 [for short ‘Rules of 1981’].The post on which the petitioner is appointed, is clear and permanent post. The post of ShikshanSevak to teach the Mathematics subject was advertised from Open category. It is the case ofthe petitioner that, since the Mathematics subject is considered as special subject, there is no banfor recruitment of the Shikshan Seva











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