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2024 Supreme(SC) 460

HIMA KOHLI, AHSANUDDIN AMANULLAH
Sant Bhagwan Baba Shikshan Mandal – Appellant
Versus
Gunwant – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Adarsh Kumar Pandey, Adv. Mr. Shivaji M. Jadhav, AOR Mr. Vignesh Singh, Adv. Ms. Apurva, Adv. Mr. Brij Kishor Sah, Adv. Mr. Prafulla, Adv. Mr. Alok Kumar, Adv.
For the Respondent(s): Mr. Vivek C. Solshe, Adv. Mr. Varun V. Solshe, Adv. Mr. Anjani Kumar Jha, AOR Mr. Sachin Patil, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Geo Joseph, Adv. Mr. Durgesh Gupta, Adv. Mr. Risvi Muhammed, Adv. Mr. Aditya Krishna, Adv.

ORDER :

1. The appellants are aggrieved by the judgment dated 17th November, 2009, passed by the High Court of Judicature at Bombay, Aurangabad Bench, whereunder a Writ Petition1 [Writ Petition No. 1895 of 2007] filed by the respondent no. 1 praying inter-alia for being appointed to the post of Shikshan Sevak in the appellant no. 3-School was allowed and the appellants were directed to ensure that he is appointed to the subject post on or before 31st December, 2009, in accordance with law.

2. We may briefly advert to the relevant sequence of events. The respondent no. 1 was appointed as a Peon in the appellant no. 3-School, being run by the appellant no. 1-Society on 14th June, 1991. His appointment to the subject post was approved vide letter dated 29th January, 1998. While working on the subject post, in the year 2004, the respondent no. 1 passed Bachelor of Arts examination from the Yashwant Rao Chavan Open University, Nasik. In the year 2005, he passed the Bachelor of Physical Education Examination. On 10th June, 2005, the respondent no. 2-State of Maharashtra issued a Government Resolution2 [For short the ‘GR’] for implementation of the revised Shikshan Sevak Yojana in aided Sec

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