JUDGMENT :

1. Rule. Mr. Y.G. Gujarathi waives service for State. Rest of the respondents are absent though served. No reliefs are sought against other respondents. Rule made returnable forthwith. By consent heard finally.

2. By these petitions filed under Article 226 of the Constitution of India, the petitioners are seeking the status of Full Time Librarian from their respective date of appointment, except few of the petitioners and prays for declaration that the condition imposed in Government Resolution dated 3.8.2006 and more particularly clause Nos. 1, 3 and 4 be declared as unjust, improper, arbitrary, illegal and contrary to the recommendations of Chiplunkar Committee accepted by the Government.

3. The learned counsel for the parties jointly state that the facts and issues involved in these writ petitions are by and large identical. Both the parties have accordingly addressed this Court in lead matter i.e. Writ Petition No. 14935/2017 and agree that the outcome of this writ petition will apply to the other matters on board along with this writ petition. We are accordingly summarizing the facts in Writ Petition No. 14935/2017.

4. It is the case of petitioners that on 14th June 1996 petitioner No. 1 was appointed as Part Time Librarian. On 18th January 1996 petitioner No. 2 was appointed as Part Time Librarian. In the year 1996, petitioner No. 3 was appointed as Part Time Librarian. In October 1994 petitioner No. 4 was appointed as Part Time Librarian. On 20th January 1998 petitioner No. 5 was appointed as Part time Librarian. On 1st February 1996 petitioner No. 6 was appointed as Part Time Librarian. On 13th June 1997 petitioner No. 7 was appointed as Part Time Librarian. All these appointments were duly approved by the Education Officer.

5. On 28th June 1994 the State Government appointed Chiplunkar Committee for ascertaining the prevailing conditions and for making recommendations as regard the number of teaching and non teaching staff including the post of Librarian in Secondary and Higher Secondary Schools. The said report submitted by Chiplunkar Committee was accepted by the Government Resolution dated 28th June 1994 and the State Government resolved to amend the provisions of Secondary and Higher Secondary Code. Para No. 4 of the resolution provided that the said report of Chiplunkar Committee shall be treated as provision of Secondary and Higher Secondary School Code.

6. Insofar as the post of Librarian is concerned, the said Committee recommended that once it is accepted in principle that number of full time and part time Librarian should be in the ratio of strength of the students more than 1000, the employees who were working as Part Time Librarian are to be treated as Full Time Librarian after the strength of students is increased more than 1000.

7. Several writ petitions were filed by various Part Time Librarians in this Court for seeking benefit and recommendations made by Chiplunkar Committee which were accepted by the State Government. The learned counsel for the petitioners invited our attention to some of the exhibits annexed to the petitions and would submit that in respect of petitioners in this petition and the other petitions listed along with this petition, the strength of students exceeded 1000 on different dates. Each of the petitioners are seeking the benefit of the Chiplunkar Committee Report on the date of the strength of students having increased to more than 1000. She relied upon the following judgments:-

(i) Judgment delivered by this Court at Aurangabad Bench in Writ Petition No.2732/2013 dated 1.4.2015 (Sayed Khaled S/o. Sayed Abdul Hameed Vs. The State of Maharashtra),

(ii) Judgment delivered by this Court at Principal Seat in Writ Petition Petition No. 2311/2013 dt. 3.3.2015 (Satish Ganpatrao Patil and Ors. Vs. The State of Maharashtra and Ors.),

(iii) Judgment delivered by this Court at Nagpur Bench in Writ Petition No. 1994/2018 dated 9.12.2019 (Anil Parasram Shende Vs. The State of Maharashtra a