GAJANAN VISHWANATH NAWALKAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith, and heard finally with the consent of the parties.

(2.) This Petition is filed with the following prayer:

(3.) It is the case of the petitioner that the petitioner belongs to 'Dhangar Caste', which is recognized as VJNT. The petitioner is having qualification of H.S.C., and he has also passed the D.Ed. in the month of March, 2001, in First Class. The petitioner has also undergone the training, and the Rehabilitation Council of India has issued the registration certificate to the petitioner as a Special Educator [Hearing Impaired] in August, 2001. On 04.05.2001, respondent nos.4 and 5 have issued an advertisement in the newspaper for the post of Special Teacher. Therefore, the petitioner has applied for the said post and the Selection Committee constituted by respondent nos. 4 and 5 have selected the petitioner and appointed the petitioner as Special Teacher. The petitioner is working with respondent no.5 since the date of his initial appointment i.e. from 2001. At present, the petitioner is in service with respondent no.5. The petitioner is having good experience of teaching of Dumb and Deaf students. There are 10 sanctioned posts as per roster, and 9 posts are to be filled up by respondent nos. 4 and 5 and on one vacant post on which the petitioner has given appointment as a Special Teacher. On 28.01.2008, respondent no.2, without considering the service of the petitioner and without considering documentary evidence produced before him, has rejected the proposal, seeking approval to the appointment of the petitioner as Special Teacher. The petitioner has made various representations to the respondent authorities and prayed for grant of approval to his post, but all the efforts are in vain.