2022:BHC-AS:4705-DB 56-WP-219-2022-Judgment.doc Shailaja IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.219 OF 2022 Pandurang Narayan Kanekar ] Age: 42 years, Occupation : Service, ] R/o. A/p. Kankavali, Bandhkarwadi, ] Near School No.2, Matruchaya Chawl, ]

Tal. Kankavali, Dist. Sindhudurg. ] Petitioner Vs.

1. The State of Maharashtra ]

Through the Secretary, ] School Education Department, ] Mantralaya, Mumbai - 400 032. ]

2. The Commissioner of Education ]

School Education Department, ] Maharashtra State, Pune. ]

3. The Director of Education ]

(Secondary) Maharashtra State ] Pune – 1. ]

4. The Deputy Director of Education]

Kolhapur Region, Kolhapur. ]

5. The Education Officer (Secondary)]

Zilla Parishad, Sindhudurg, ] Having Office at, Zilla Parishad ] Building, Sindhudurg, Nagari-Oros] District – Sindhudurg. ]

6. Talere Panchkroshi Shikshan ]

Prasarak Mandal, Mumbai, ] Having office at Varun Apartment] Ground Floor, Dr. Ambedkar Marg] Parel, Mumbai – 400 012. ] Through its President/Secretary. ]

7. Wamanrao Mahadik Madhyamik ]

Vidyalaya, Talere, Tal. Kankavali,] District: Sindhudurg, ]

Through its Headmaster. ] Respondents …..

Mr. Prashant Bhavake, for Petitioner.

Mr. V.M. Mali, A.G.P, for Respondent-State.

…..

CORAM : SUNIL B. SHUKRE AND G.A. SANAP, JJ.

DATE : 4th MARCH, 2022.

JUDGMENT: [Per G.A. Sanap, J.]:

1. The petitioner has challenged the order dated 5th November, 2019 passed by respondent No.4 – The Deputy Director of Education, Kolhapur Region, Kolhapur, whereby, Deputy Director cancelled the approval granted by respondent No.5 – The Education Officer (Secondary) Zilla Parishad Sindhudurg to the appointment of the petitioner as “Shikshan Sevak” on respondent No.7 – Wamanrao Mahadik Madhyamik Vidyalaya, Talere, Taluka –

Kankavali managed by respondent No.6.

2. It is the case of the petitioner that vide order dated 21st August, 2012, he was appointed as “Shikshan Sevak” by respondent No.6 by following due procedure as provided under The Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (for short “M.E.P.S Act”) and The Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981 (for short “M.E.P.S Rules”). Before starting the appointment process, respondent No.6 sought an approval of a staff schedule for the academic year 2011-2012. The approval was accorded. An advertisement as required by law was published in the local newspaper. A communication was also made with the office of Employment Exchange on 5th August, 2012. In response to the advertisement, number of candidates applied for the posts. Interviews were conducted. The School committee ultimately vide Resolution dated 21st August, 2012 decided to appoint the petitioner as “Shikshan Sevak” for three years. Accordingly, appointment order dated 21st August, 2012 was issued. Headmaster of respondent No.7-School submitted proposal for individual approval to the appointment of the petitioner on the post of “Shikshan Sevak”. The application was not processed in time, therefore, in the writ petition filed by the petitioner bearing No.6970 of 2015 vide order dated 28th July, 2015, directions were given by this Court for deciding the proposal for approval expeditiously. Respondent No.5 thereafter granted an approval for appointment of the petitioner on unaided post. The petitioner in view of this approval again filed a writ petition in this Court bearing No.5888 of 2016. This Court vide order dated 26th July, 2016 issued directions to respondent No.5 to decide the proposal submitted by the Headmaster of respondent No.7-School. Accordingly, respondent No.5 granted approval to the appointment of the petitioner on aided post.

3. Headmaster of respondent No.7 – School thereafter submitted a proposal for allotting Shalarth-ID to the petitioner. This proposal was not processed in time. In the meantime, one Akash Tambe made a complaint to respondent No.2 dated 30th May, 2019 alleging that appoint