S. S. Shinde, J. - (1.)Heard. Rule. Rule made returnable forthwith, and heard finally with the consent of the parties.
(2.)This Petition takes exception to the order dated 19th March, 2018, passed by respondent no.2 i.e. Education Officer [Secondary], Zilla Parishad, Latur, thereby refusing approval to the appointment of the petitioner as a Shikshan Sevak / Assistant Teacher, with effect from 12th August, 2013.
(3.)It is the case of the petitioner that, he is appointed on the post of Assistant Teacher / Shikshan Sevak. The petitioner was duly selected to the post of Shikshan Sevak by following due procedure as prescribed in Section 5 of the Maharashtra Employees of Private Schools [Conditions of Service] Regulation Act, 1977 [for short 'Act of 1977'] and Rule 9 of the Maharashtra Employees of Private Schools [Conditions of Service] Rules, 1981 [for short 'Rules of 1981']. The post on which the petitioner is appointed, is clear and permanent post. The post of Shikshan Sevak to teach the Mathematics subject was advertised from Open category. It is the case of the petitioner that, since the Mathematics subject is considered as special subject, there is no ban for recruitment of the Shikshan Sevak and Government Resolution dated 2nd May, 2012, issued by School Education and Sports Department, Government of Maharashtra, Mantralaya, Mumbai, cannot be considered bar for appointment of the Shikshan Sevak / Assistant Teacher to teach Mathematics subject. It is further the case of the petitioner that, the proposal dated 26th February, 2014, for the approval to the appointment of the petitioner as Shikshan Sevak has not been considered and turned down by respondent no.2, relying upon the aforesaid Government Resolution dated 2nd May, 2012.