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2021 Supreme(Bom) 1550

R.D.DHANUKA, ABHAY AHUJA
Shailesh Deepak Ambare – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Narendra V. Bandiwadekar, Advocate, Vinayak R. Kumbhar, Advocate, Ajinkya Navale, Advocate, Ashiwini N. Bandiwadekar, Advocate, Vikas Mali, Advocate

JUDGMENT

Abhay Ahuja, J. - Rule. Rule made returnable forthwith. Mr. Vikas Mali, the learned AGP for Respondents waives service.

2. By consent of counsel for the parties, Writ Petition is heard finally.

3. By this Writ Petition filed under Article 226 of the Constitution of India, the Petitioners are seeking to challenge the order dated 5th November, 2018 issued by the 2nd Respondent-The Education Officer (Secondary), refusing approval to the proposal for grant-in-aid in respect of appointment of Petitioner No.1 as a Shikshan Sevak in the secondary school of Petitioner No.2.

PETITIONERS CASE

4. The case of the Petitioners is stated as under :-

    (i) In or about September, 2014 due to the resignation of one Smt. Shobha Chandrasingh Vasave in the school of Petitioner No.2, one post of the approved teacher (Science) became vacant and available. As per the Roster of the school, a total of number of eight posts were sanctioned, out of which seven were filled and one was vacant. As per the provisions of The Maharashtra Employees of Private Schools (Conditions of Services) Rules, 1981 ("the MEPS Rules"), four posts were available for open category, out of which three posts were filled and as men

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