The central legal point established in the judgment is the exclusion of section 5(1) of the MEPS Act for minority institutions and the inapplicability of subsequent Government Resolutions to appointments made prior to their issuance.

JUDGMENT

R.D.Dhanuka, J. - Rule. Learned AGP waives service for the respondent nos.1 & 2. No reliefs are claimed against the respondent nos.3 & 4. By consent of petitioner and the respondent nos.1 & 2, both these petitions were heard together and are being disposed of finally by this common order.

2. Learned counsel appearing for the petitioner addressed this Court in Writ Petition No.4273 of 2019 and jointly state that the issue involved in both these petitions are identical and thus the order that would be passed in Writ Petition No.4273 of 2019 would apply in Writ Petition No.4275 of 2019 also. Statement is accepted. The petitioner has impugned the order passed by the Education Officer, the respondent no.-2 herein rejecting the proposal submitted by the respondent no.4 for seeking approval to the appointment of the petitioner to the post of a peon. Some of the relevant facts in both these petitions are as under : -

FACTS IN WRIT PETITION NO.4273 of 2019

3. The respondent no.3 is a minority educational institution registered under the provisions of Maharashtra Public Trust Act, 1950. Some time in the year 2017 a vacancy arose in the respondent no.4 school for the post of Peon. The respondent no.3 issued an advertisement inviting applications from eligible persons for appointment to the said post of peon. Several candidates including the petitioner applied for the said post. After conducting interview of all the candidates including petitioner, the petitioner was found to be most suitable candidate for the said post of the peon. He was selected for the said job. The School Committee accordingly passed a Resolution in respect of the appointment of the petitioner to the post of peon in the respondent no.4 school for a period from 1st July 2017 to 30th June 2020. On 30th June 2017, the respondent no.3 appointed the petitioner to the said post of peon w.e.f. 1st July 2017.

4. On 4th August, 2017 the respondent no.4 submitted a proposal to the Educational Officer (Secondary) for granting approval to the appointment of the petitioner to the post of peon in the respondent no.4 school. On 19th August, 2017, the respondent no.2 returned the said proposal to the respondent no.4 school holding that the approval could not be granted to the appointment of the petitioner. Being aggrieved by the said order dated 19th August, 2017, the petitioner filed Writ Petition No.4273 of 2019.

FACTS IN WRIT PETITION NO. 4275 OF 2019

5. The petitioner has impugned the order dated 1st February, 2018 passed by the respondent no.2 rejecting the proposal submitted by the respondent no.4 in respect of the appointment of the petitioner to the post of a peon in the respondent no.4 school and seeks an order and direction against the respondent no.2 to grant approval to the appointment of the petitioner to the said post since the date of his initial appointment of 1st July, 2017.

6. Pursuant to the advertisement issued by the respondent no.3 in the year 2017 inviting applications for the post of peon in the respondent no.4 school, the petitioner applied for the said post on 30th June, 2017. The respondent no.4 issued a letter of appointment to the petitioner to the said post of peon in the said respondent no.4 school for the period from 1st July, 2017 to 30th June, 2020. The respondent no.4 submitted the proposal to the respondent no.2 on 20th March, 2017 for seeking approval to the appointment of the petitioner to the post of peon in the respondent no.4 school. The respondent no.4 school passed a resolution confirming the appointment of the petitioner to the said post. The respondent no.2 passed an order on 1st February, 2018 and returned the said proposal to the respondent no.4 holding that the approval could not be granted to the appointment of the petitioner. Being aggrieved by the said order dated 1st February, 2018, the petitioner filed Writ Petition No.4275 of 2019 for various reliefs.

The submissions made by the petitioner in Writ Petition No.4272 of 2019:-

7.