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WP.1559-18 & ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.1559 OF 2018

1.

Pratibha Niketan Education Society,

Through its General Secretary,

Sakharam S/o Digambarrao Mahajan,

Age : 75 years,

R/o 53, Bhagyanagar, Nanded.

2.

Pratibha Niketan High School,

Kailasnagar, Nanded,

Through its Head Master,

Nanded.

3.

Sau. Swapna Ashok Patole.

4.

Shivaji S/o Rangrao Mahadwad.

5.

Raviraj S/o Dashrathrao Shirse,

3 to 5 Age - Major, Occu. Assistant Teachers,

Working at Pratibha Niketan High School,

Kailasnagar, Nanded.

… Petitioners

Versus

1.

The State of Maharashtra,

Through Secretary, Secondary Education Dept.,

Mantralaya, Church Gate, Fort,

Mumbai - 32.

2.

The Chief Executive Officer,

Zilla Parishad, Nanded.

3.

The Zilla Parishad, Nanded,

Through its Education Officer (Sec.),

Nanded.

… Respondents

WITH

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WP.1559-18 & ors.odt

CIVIL APPLICATION NO.11473 OF 2019

IN WP/1559/2018

(Pratibha Niketan Education Society, Through its General

Secretary and another Vs. The State of Maharashtra & others)

WITH

CIVIL APPLICATION NO.12237 OF 2019

IN WP/1559/2018

(Pratibha Niketan Education Society, Through its General

Secretary and another Vs. The State of Maharashtra & others)

...

Advocate for Petitioners/Applicants : Mr. S. M. Kulkarni

AGP for Respondents-State : Mr. S. B. Yawalkar.

…

WITH

WRIT PETITION NO.5182 OF 2021

1.

Swapna D/o Ashok Patole,

Age : 35 years, Occu. Service,

R/o Yeshwant Nagar, Ext. Nanded,

Tq. & District Nanded.

2.

Shivaji S/o Rangrao Mahadwad,

Age : 29 years, Occu. Service,

R/o Vishal Nagar, Nanded,

District Nanded.

3.

Raviraj S/o Dashrath Shirse,

Age : 32 years, Occu. Service,

R/o Swami Vivekanand Nagar, Nanded,

Tq. & District Nanded.

… Petitioners

Versus

1.

The State of Maharashtra,

Higher Education Department,

Through its - Secretary.

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WP.1559-18 & ors.odt

2.

Education Officer (Secondary),

Nanded Zilla Parishad, Nanded,

Tq. & District Nanded.

3.

Pratibha Niketan Education Society,

Through its - Secretary at Nanded. … Respondents

...

Advocate for Petitioners : Mr. A. B. Kharosekar h/f

Mr. O. B. Boinwad.

AGP for Respondents-State : Mr. S. B. Yawalkar.

Advocate for Respondent No.3 : Mr. S. M. Kulkarni.

…

CORAM : RAVINDRA V. GHUGE AND

S. G. MEHARE, JJ.

DATE

: 18.11.2021

JUDGM

ENT : (

Per S. G. Mehare, J.

)

:-

1.

Rule. Rule returnable forthwith. By the consent of

respective lawyers for the parties, both the petitions are heard

finally.

2.

Heard the Learned Counsel Mr. S.M. Kulkarni for the

petitioners and learned Additional Government Pleader Mr. S.

B. Yawalkar for respondents at length.

3.

By these petitions, the petitioners have impugned the

order of respondent No.3 dated 06.03.2017, refusing the

approval to the appointment of petitioner Nos.3 to 5 as

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WP.1559-18 & ors.odt

teachers and permission to advertise for the recruitment of 21

posts. The impugned order is passed by assigning the reasons

that the permission dated 18.05.2011 was granted to fill up 13

posts in the academic year 2011-12 but, petitioner Nos.3 to 5

were selected in the academic year 2013-14 as well as the

Government has banned the new recruitment by Government

Resolution (G.R. for short) date 02.05.2012 as many surplus

teachers in the District are yet to be absorbed.

4.

Petitioner/society No.1 is a public trust. It runs the

schools and junior college at Nanded. The petitioner/society,

by application addressed to the respondent dated 20.04.2010,

requested to accord permission to fill up 13 posts in the

schools run by it. By order dated 18.05.2011, respondent No.2

accorded the permission. The petitioner/society published the

advertisement in the Newspapers. However, it could not get all

13 suitable candidates. On the same permission, the

petiti