IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12783 OF 2023

1. Shree Doodhganga Vedhganga Shikshan Prasarak Mandal Mangoli, NIKITA KAILAS DARADE DNDD11 i Aa IgK :tR 1 i e It 6 A: Ta : D2 lA 00 y E 9 K 2 s + A 5 ig . I 00 Ln 52 Ae 3. dS 20 6 by Taluka- Radhanagari, District –

Kolhapur Through Its Secretary Tusahar Tukaram Patil Age- 41 Years Occp:Business.

2. The Headmaster Shri.

Bajirao Maruti Patil Age-57 Years Occp:Service.

The Pratibha High School Kasaba Walve Taluka – Radhanagari, District- Kolhapur

3. Shital Dilip Patil Age: 33 Years, Occ. Service Address: Pratibha High School Kasaba Bavda Walve Taluka – Radhanagari, District- Kolhapur …..Petitioners Vs.

1. State of Maharashtra [Summons to be served on the learned Government Pleader appearing for the State of Maharashtra under Order XXVII, rule 4, of the Code of Civil Procedure, 1908]

2. The Education Officer, [Secondary]

Zilla Parishad, Kolhapur.

3. The Deputy Director of Education Kolhapur, At- Kolhapur. ….Respondent Mr. Rahul S. Kadam for the Petitioner.

Ms. Nisha Mehra AGP for the State.

Mr. Aditya Raktade a/w Mr. Dnyanesh Patil for Interveners.

CORAM : RAVINDRA V. GHUGE &

ASHWIN D. BHOBE, JJ.

RESERVED ON: 28th JANUARY, 2025 PRONOUNCED ON: 24th FEBRUARY, 2025 JUDGMENT (PER ASHWIN D. BHOBE, J.)

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. The decision dated 28.10.2022 passed by the Respondent No.2, rejecting the Proposal No.257 dated 21.09.2022 submitted by the Petitioner Nos.1 and 2, seeking approval to the appointment of the Petitioner No.3 on the post of Junior Clerk in the Petitioner No.2 High School, is assailed in the present petition.

3. Factual Matrix:-

a) Petitioner No.2 (High School) is managed and run by the Petitioner No.1(Institution). A post of Junior Clerk is earmarked in the ‘Sanch Manyata’ pertaining to the Petitioner No.2, from the year 2012 till 2021. Mr. Dattatraya Shripat Patil was working on the said post.

b) Upon the superannuation of said Dattatraya Shripat Patil, on 31.07.2022, the Petitioner Nos.1 and 2 applied to the Respondent No.2, inquiring availability of any surplus non-teaching staff and if not to accord permission to initiate the process of recruitment to fill up the said post, by issuing advertisement. Draft of the proposed advertisement was appended to the said application dated 15.07.2022.

c) As no response was received from the Respondent No.2, the Petitioner Nos.1 and 2 published advertisement in the newspaper “क्रांतीसिं(cid:7)ह” [मगं ळवार ता. ०२ ऑगस्ट २०२२ डाक आवृत्ती ता. ०३/०८/२०२२] notifying the vacancy of ‘Junior Clerk’ in the Petitioner No.2 School. Candidates fulfilling the eligibility criteria of 12^th (HSC) and computer knowledge, were called for interview scheduled on 10.08.2022, along with documents.

d) Four candidates including the Petitioner No.3 participated in the said selection process.

e) Petitioner No.3 has passed Secondary School Certificate Examination in the month of March 2008 and completed Maharashtra State Certificate in Information Technology (MS-CIT).

f) In the interviews held on 10.08.2022, Petitioner No.3 was found eligible, fulfilling the required qualifications and consequently was selected.

g) Appointment order dated 11.08.2022, was issued to the Petitioner No.3. Petitioner No.3 joined the Petitioner No.2 w.e.f. 17.08.2022.

h) On 21.09.2022, Petitioner Nos.1 and 2 submitted Proposal No. 257 seeking approval to the appointment of Petitioner No.3 as a ‘Junior Clerk’ in the Petitioner No.2 School. Required documents were appended to the said proposal dated 21.09.2022.

i) By order 28.10.2022, Respondent No.2 rejected the said proposal dated 21.09.2022 (“Impugned order”). Ground of rejection essentially is that the recruitment process commenced by the Petitioner No.1 was without prior permission of the Government and before allotment of post by the Competent Authority as per revised staffing pattern and criteria fixed by the Government Resolu