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Judgment
ORAL JUDGMENT (PER ABASAHEB D. SHINDE, J.) :
Rule. Rule is made returnable forthwith. Heard finally with the consent of the learned Advocates for the parties.
By this Petition, the Petitioner takes exception to the order dated 16th September, 2022 passed by Respondent No.3 – Deputy Director of Education, thereby rejecting the proposal for inclusion of Petitioner’s name in Shalarth ID, on the ground that from the staffing pattern of 2018-2019, it is not clear as to how many posts of Junior Clerks were available, therefore, it cannot appointed is available.
Learned Advocate for the Petitioner submits that the Petitioner has been appointed to the post of Junior Clerk after following the due procedure of law and his services are approved by the Education Officer on 05.08.2017. While proposal for inclusion of Petitioner’s name in Shalarth ID was submitted by Respondent No.5 – Head Master of the School, Respondent No.3 rejected the said proposal by going into validity of appointment of the Petitioner and approval thereto which is impermissible. He, therefore, urged that the impugned order deserves to be quashed and set aside.
Learned Advocate appearing for Respondent No. 5 – School, relying on the affidavit in reply filed by the Head Master, submits that, the staffing pattern approved by the Education Officer on 24.01.2026 shows that, two posts of Junior Clerk are available.
Learned AGP submits that the Petitioner has an alternate remedy of approaching the Grievance Redressal Committee constituted under the Government Resolution dated 27.03.2024 and, therefore, the Writ Petition is not maintainable. He, however, submits that in view of the affidavit filed by Respondent No.5, showing two posts of Junior Clerk available in the staffing pattern for the year 2025-2026, the matter may be remanded back to Respondent No.3 for deciding it afresh.
In the light of above, since in the staffing pattern of 2025-2026 two posts of Junior Clerk are shown available, we deem it appropriate to remand the matter back to Respondent No.3 for fresh consideration. In the light of that, we passing the following order:
ORDER
a. The Writ Petition is partly allowed.
b. Impugned order dated 16th September, 2022 passed by Respondent No.3 – Deputy Director of Education, Aurangabad Region, Aurangabad is hereby quashed and set aside.
c. The Respondent No.5 School shall file a fresh proposal for inclusion of Petitioner’s name in Shalarth ID in view of staffing pattern of 2025-26 to the Respondent No.4 – Education Officer within two weeks from today.
d. Respondent No.4 – Education Officer in turn shall forward the said proposal to Respondent No.3 within a period of four weeks from the date of its receipt.
e. Respondent No.3 shall take decision on the said proposal taking into consideration the approved staffing pattern for 2025-2026, within a period of four weeks thereafter.
f. Rule is, thus, made absolute in above terms.