Bombay High Court Directs School Management to Submit Proposal for Appointment in Graduate Quota - Education Officer to Decide Within Three Months. The Court, by consent, ordered the management to submit a proposal for the petitioner's appointment in the 25% Graduate Quota and directed the Education Officer to decide within three months after hearing affected parties.

High Court: Bombay High Court Bench: NAGPUR
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Case Note & Summary

The petitioner, Rameshkumar Haricharan Tiwari, filed a writ petition before the Bombay High Court at Nagpur seeking a direction to the respondent-management (Laxmi Devi Dhiran Kanya Vidyalaya Society and the Head Master of Madan Gopal Agrawal High School) to submit a proposal for his appointment in the 25% Graduate Quota. The Education Officer (Secondary), Zilla Parishad, Nagpur, was also a respondent. The parties were heard by consent, and the Court passed a consent order directing the management to submit a proposal for the petitioner's appointment along with details of his eligibility. The Education Officer was directed to consider the proposal after hearing affected parties and take an appropriate decision in accordance with law, communicating the same to the petitioner and the management within three months from the date of receipt of the proposal. The rule was disposed of in the above terms.

Headnote

A) Service Law - Appointment - Graduate Quota - The petitioner sought appointment in the 25% Graduate Quota. The Court, by consent, directed the respondent-management to submit a proposal for the petitioner's appointment along with details of his eligibility. The Education Officer was directed to consider the proposal after hearing affected parties and decide within three months. (Paras 2-2)

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Issue of Consideration

Whether the petitioner is entitled to appointment in the 25% Graduate Quota and whether the management should be directed to submit a proposal for such appointment.

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Final Decision

By consent, the respondent-management shall submit a proposal of the petitioner for appointment in 25% Graduate Quota, along with details of his eligibility. The Education Officer shall, after hearing affected parties, consider the proposal and take appropriate decision within 3 months from receipt of proposal. Rule disposed of.

Law Points

  • Consent order
  • Appointment in 25% Graduate Quota
  • Proposal submission
  • Hearing affected parties
  • Decision within three months
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Case Details

2010 LawText (BOM) (03) 138

Writ Petition No.2446 of 2009

2010-03-02

S.A. Bobde, Smt. Vasanti A. Naik

Shri Sachin Khandekar for petitioner; Smt. Sharda Wandile, A.G.P. for respondent no.1; Shri A.D. Mohgaonkar for respondent no.2 & 3

Rameshkumar Haricharan Tiwari

Education Officer (Secondary), Zilla Parishad, Nagpur; Laxmi Devi Dhiran Kanya Vidyalaya Society; The Head Master, Madan Gopal Agrawal High School

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Nature of Litigation

Writ petition seeking direction for appointment in 25% Graduate Quota

Remedy Sought

Direction to respondent-management to submit proposal for petitioner's appointment in 25% Graduate Quota

Filing Reason

Petitioner sought appointment in 25% Graduate Quota and management had not submitted proposal

Issues

Whether the petitioner is entitled to appointment in the 25% Graduate Quota

Ratio Decidendi

By consent of parties, the court directed the management to submit a proposal for appointment in the 25% Graduate Quota and the Education Officer to decide within three months after hearing affected parties.

Judgment Excerpts

The respondent – management shall submit a proposal of the petitioner for appointment in 25% Graduate Quota, along with details of his eligibility. The respondent – Education Officer shall, after hearing the affected parties, consider the proposal submitted by management in accordance with law and take appropriate decision and communicate the same to the petitioner and the respondent – management, within a period of 3 months from the date the proposal is received.

Procedural History

The petitioner filed Writ Petition No.2446 of 2009 before the Bombay High Court at Nagpur. The matter was heard by consent and disposed of on 2nd March 2010.

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