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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.7993 OF 2020

Dwarka w/o Bhausaheb Anuse,

age: 40 years, Occ: Service,

R/o Sai Laxmi Nagar, Yeola Road,

Kopargaon, Taluka Kopargaon,

District Ahmednagar.

Petitioner

Versus

01 The State of Maharashtra,

through its Secretary,

Department of School Education,

Mantralaya, Mumbai.

02 The Education Offcer (Secondary),

Zilla Parishad, Ahmednagar,

District Ahmednagar.

03 Jagdamba Shikshan Mandal,

Brahmangaon, Taluka Kopargaon,

District Ahmednagar, through

its Secretary.

04 Madhyamik Vidyalaya, Brahmangaon,

Taluka Kopargaon, District Ahmednagar,

through its Head Master.

Respondents

Mr. S.S.Jadhavar, advocate for the Petitioner.

Mr. K.S.Patil, AGP for Respondents No.1 & 2.

Mr. S.R.Shirsat, advocate for Respondents No.3 & 4.

CORAM : RAVINDRA V. GHUGE AND

AVINASH G. GHAROTE, JJ.

DATE : 23^rd June, 2021.

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ORAL JUDGMENT (Per Ravindra V. Ghuge, J.) :

1.

Rule. Rule made returnable forthwith and heard

fnally by the consent of the parties.

2.

By this petition, the petitioner, who was appointed on

compassionate basis due to untimely demise of her husband on

07.03.2017, has put forth prayer clauses”B” and “C” which read as

under:

(B)

By issuing writ of certiorari or any

other appropriate writ, order or direction, clause

No.4 of order dated 13.01.2020 issued by

respondent No.2, raising unsustainable objections

in the proposal seeking approval to the appointment

of the petitioner i.e. regarding non submission of

caste validity certifcate of petitioner, may kindly be

quashed and set aside.

(C)

By issuing writ of mandamus or any

other appropriate writ, order or direction,

respondent No.2 may kindly be directed to grant

approval to the appointment of petitioner as Peon in

respondent No.4 school, without insisting for

submission of caste validity certifcate of petitioner

and by accepting affdavit of the petitioner stating

that, Smt.Anuse Dwarka Bhausaheb (petitioner)

and Smt. Dwarka Nagerao Kare are one and the

same person.

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3.

The petitioner’s husband was working as an Assistant

Teacher in Respondent No.4 – private educational Institution. On

07.03.2017, he unfortunately passed away. The petitioner was

about 37 years of age at the time when she became eligible for

compassionate appointment. As her application was not being

considered by Respondent No.4 – School, she approached this

Court in Writ Petition No.6191 of 2018. This Court had delivered

an order on 06.08.2019 directing Respondent No.4 to appoint the

petitioner on compassionate basis if the post was vacant and if the

petitioner was eligible to be appointed. In this backdrop, she was

appointed as a Peon on 03.09.2019.

4.

The Respondent No.3-Management submitted a

proposal for seeking approval to the appointment of the petitioner

on 09.09.2019 to Respondent No.2 – Education Offcer (Secondary),

Zilla Parishad, Ahmednagar. He raised an objection on 13.01.2020

claiming that the caste validity certifcate was not tendered by the

petitioner.

5.

The grievance of the petitioner is that as her

appointment is on compassionate basis, she is not required to

tender the caste validity certifcate since that aspect is not at issue.

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The petitioner placed reliance upon the judgment delivered by this

Court at the Principal Seat in Pramod Shivaji Shinde Vs. State of

Maharashtra a