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2015 Supreme(Bom) 773

T.V.NALAWADE, INDIRA K.JAIN
Monali Laxman Nemade – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:Surekha Mahajan, Advocate.
For the Respondents:R1 to R3, R.K. Ladda, Assistant Government Pleader, R4, R5, S.B. Talekar, Advocate.

Judgment :-

1. The petition is filed by a Shikshan Sevak to challenge the decision dated 28-6-2014 taken by her employer, a school. It is informed to her that she was appointed on year to year basis on a post reserved for Scheduled Tribe (for short, “S.T.”) category and the school had started process to fill the post by making appointment of S.T. category candidate. Reliefs of direction to the Education Department of the Government to the effect that it should give approval to the appointment of the petitioner on permanent basis and of direction to the school to give her appointment on permanent post of Assistant Teacher are claimed. Both the sides are heard.

2. Respondent No.4 is registered society and it runs a school, respondent No.5. This school gets 100% grant-in-aid from the State Government. This school has 32 sanctioned posts of teachers. 30 posts were filled and two posts of teaches were lying vacant. There was backlog of one post of S.T. and one post of N.T. (D), reserved categories. As there were two vacancies for two different subjects, on any of the two posts a candidate of S.T. or N.T. (D) category could have been appointed.

3. In the local news paper “Deshdoot” dated
















































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