Citation : 2016 Latest Caselaw 4926 Bom
Judgement Date : 25 August, 2016
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.1030 OF 2016
Shaikh Nasim S/o Shaikh Ahmed
Age : 34 years, Occ : Service,
R/o House No.8-15-155, Galli No.18,
Sharif Colony, Roshan Gate,
Aurangabad. .. Petitioner
--VERSUS--
1.
The Union of India,
Through its Ministry of
Human Resources Development
Government of India,
New Delhi
Through its Chief Secretary.
2. The State of Maharashtra,
Through Principal Secretary,
School Education and Sports Department,
Mantralaya, Mumbai-32.
3. The Director of Education (Primary)
Maharashtra State,
Pune-1.
4. The Deputy Director of Education,
Aurangabad Region, Aurangabad.
5. The Education Officer (Secondary),
Zilla Parishad, Aurangabad.
6. Al-Muabbir Educational, Cultural
& Welfare Society, Nehru Nagar,
Aurangabad.
.. Respondents
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WITH
WRIT PETITION NO. 888 OF 2016
Hafijoddin S/o Hasnoddin Shaikh
Age : 35 years, Occu. Service,
C/o Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
Aurangabad.
Tq. & Dist. Aurangabad. .. Petitioner
--VERSUS--
1. The Union of India
Through its Secretary,
Human Research Development,
School Education & Literacy
Department, Delhi.
2. The State of Maharashtra,
through its Secretary,
School Education Department,
Mantralaya, Mumbai-32.
3. The Director of Education (Primary)
17, Dr. Ambedkar Marg,
Maharashtra State Council of
Examination, Pune-01.
4. The Deputy Director of Education,
Aurangabad Region, Padampura,
Aurangabad,
Tq. & Dist. Aurangabad
5. The Education Officer (Secondary),
Zilla Parishad, Aurangabad
Tq. & Dist. Aurangabad.
6. The Block Education Officer,
Panchyat Samiti, Aurangabad.
7. Al-Muabbir Educational, Cultural &
Welfare Society, through its
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Secretary,
Azam Colony, Roshan Gate,
Aurangabad.
8. Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
Aurangabad,
Through Head Master .. Respondents
WITH
WRIT PETITION NO. 6589 OF 2014
1. Dnyaneshwar s/o Govindrao Naganpalle,
Age : 33 years, Occu. Service as a
Special Teacher, r/o Degloor,
Tq. Degloor, Dist. Nanded.
2. Balaji s/o Arunrao Kanedkhedkar,
Age : 30 years, Occu. Service as a
Special Teacher, R/o Degloor,
Tq. Degloor, Dist. Nanded.
3. Pravin s/o Gangadharrao Alladwad,
Age : 29 years, Occu. Service as a
Special Teacher, R/o Degloor,
Tq. Degloor, Dist. Nanded ..Petitioners
--VERSUS--
1. The State of Maharashtra,
through its Secretary,
School Education Department,
Mantralaya, Mumbai-32.
2. The Director of Education (Primary)
Maharashtra State,
Pune.
3. The Deputy Director of Education,
Latur Division, Latur.
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4. The Education Officer (Secondary),
Zilla Parishad, Nanded,
Dist. Nanded.
5. The Headmaster,
Manvya Vikas Secondary & Higher
Secondary School, Degloor,
Tq. Degloor, Dist. Nanded... Respondents
...
WITH
WRIT PETITION NO. 11481 OF 2015
Jyoti Krushanarao Bolke,
Age : 35 years, Occu. Service,
R/o. Omsai Residency, Kalyan Road,
Ahmednagar .. Petitioner
--VERSUS--
1. The Union of India.
2. State of Maharashtra,
Through Secretary,
School Education and Sports Department,
Mantralaya, Mumbai.
3. Director of Education
Pune Region, Central Building
Pune-1.
4. Deputy Director of Education,
Pune Region, Pune.
5. The Education Officer,
Zilla Parishad, Ahmednagar.
6. Dada Chaudhary Vidyalaya,
Dasganupath, Ahmednagar,
Tq. & Dist. Ahmednagar
through its Headmaster .. Respondents
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...
WITH
WRIT PETITION NO. 11494 OF 2015
(CIVIL APPLICATION NO.1014 OF 2016)
Bharti Shamsing Pardeshi,
Age : 37 years, Occu. Service,
R/o. Late Galli, Ahmednagar .. Petitioner
--VERSUS--
1. Union of India.
2.
State of Maharashtra,
through the Secretary,
School Education & Sports Department,
Mantralaya, Mumbai.
3. The Director of Education
Pune Region,
Central building, Pune-1
4. The Deputy Director of Education,
Pune Region, Pune.
5. The Education Officer (Secondary),
Zilla Parishad, Ahmednagar.
6. Manikbai Karandikar High School
& Junior College for Girls,
near Delhi Darwaja, Ahmednagar
Tq. & Dist. Ahmednagar
through its Head Master .. Respondents
...
WITH
WRIT PETITION NO.11495 OF 2015
(CIVIL APPLICATION NO. 1015 OF 2016)
Ashish S/o Prakash Kshirsagar
Age : 30 years, Occ : Service,
R/o Nirmal Chamber, Lal Taki,
Ahmednagar. .. Petitioner
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--VERSUS--
1. Union of India,
2. State of Maharashtra,
Through the Secretary,
School Education and Sports Department,
Mantralaya, Mumbai.
3. Director of Education
Pune Region, Central Building,
Pune-1.
4. Deputy Director of Education,
Pune Region, Pune-1.
5. Education Officer (Secondary/
Higher Secondary),
Zilla Parishad, Ahmedangar.
6. Sun Pharma Secondary and
Higher Secondary School, Nagapur,
M.I.D.C. Ahmednagar
Through its Head Master.
.. Respondents
WITH
WRIT PETITION NO. 886 OF 2016
Hashmi Syed Nafees s/o Syed Abbas,
Age : 40 years, Occu. Service,
C/o Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
Aurangabad.
Tq. & Dist. Aurangabad. .. Petitioner
--VERSUS--
1. The Union of India
Through its Secretary,
Human Research Development,
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School Education & Literacy
Department, Delhi.
2. The State of Maharashtra,
through its Secretary,
School Education Department,
Mantralaya, Mumbai-32.
3. The Director of Education (Primary)
17, Dr. Ambedkar Marg,
Maharashtra State Council of
Examination, Pune-01.
4.
The Deputy Director of Education,
Aurangabad Region, Padampura,
Aurangabad,
Tq. & Dist. Aurangabad
5. The Education Officer (Secondary),
Zilla Parishad, Aurangabad
Tq. & Dist. Aurangabad.
6. The Block Education Officer,
Panchyat Samiti, Aurangabad.
7. Al-Muabbir Educational, Cultural &
Welfare Society, through its
Secretary,
Azam Colony, Roshan Gate,
Aurangabad.
8. Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
Aurangabad,
Through Head Master .. Respondents
...
WITH
WRIT PETITION NO. 887 OF 2016
Shaikh Asif s/o Shaikh Khalil,
Age : 28 years, Occu. Service,
C/o Aurangabad Public High School,
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Nehru Nagar, Sharif Colony,
Aurangabad.
Tq. & Dist. Aurangabad. .. Petitioner
--VERSUS--
1. The Union of India
Through its Secretary,
Human Research Development,
School Education & Literacy
Department, Delhi.
2. The State of Maharashtra,
through its Secretary,
School Education Department,
Mantralaya, Mumbai-32.
3. The Director of Education (Primary)
17, Dr. Ambedkar Marg,
Maharashtra State Council of
Examination, Pune-01.
4. The Deputy Director of Education,
Aurangabad Region, Padampura,
Aurangabad,
Tq. & Dist. Aurangabad
5. The Education Officer (Secondary),
Zilla Parishad, Aurangabad
Tq. & Dist. Aurangabad.
6. The Block Education Officer,
Panchyat Samiti, Aurangabad.
7. Al-Muabbir Educational, Cultural &
Welfare Society, through its
Secretary,
Azam Colony, Roshan Gate,
Aurangabad.
8. Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
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Aurangabad,
Through Head Master .. Respondents
...
WITH
WRIT PETITION NO. 889 OF 2016
Shaikh Ikram s/o Nizam,
Age : 30 years, Occu. Service,
C/o Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
Aurangabad.
Tq. & Dist. Aurangabad. .. Petitioner
--VERSUS--
1. The Union of India
Through its Secretary,
Human Research Development,
School Education & Literacy
Department, Delhi.
2. The State of Maharashtra,
through its Secretary,
School Education Department,
Mantralaya, Mumbai-32.
3. The Director of Education (Primary)
17, Dr. Ambedkar Marg,
Maharashtra State Council of
Examination, Pune-01.
4. The Deputy Director of Education,
Aurangabad Region, Padampura,
Aurangabad,
Tq. & Dist. Aurangabad
5. The Education Officer (Secondary),
Zilla Parishad, Aurangabad
Tq. & Dist. Aurangabad.
6. The Block Education Officer,
Panchyat Samiti, Aurangabad.
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7. Al-Muabbir Educational, Cultural &
Welfare Society, through its
Secretary,
Azam Colony, Roshan Gate,
Aurangabad.
8. Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
Aurangabad,
Through Head Master .. Respondents
...
ig WITH
WRIT PETITION NO.890 OF 2016
Sayed Ahesan Ali s/o Syed Abdul Ali,
Age : 39 years, Occu. Service,
C/o Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
Aurangabad.
Tq. & Dist. Aurangabad. .. Petitioner
--VERSUS--
1. The Union of India
Through its Secretary,
Human Research Development,
School Education & Literacy
Department, Delhi.
2. The State of Maharashtra,
through its Secretary,
School Education Department,
Mantralaya, Mumbai-32.
3. The Director of Education (Primary)
17, Dr. Ambedkar Marg,
Maharashtra State Council of
Examination, Pune-01.
4. The Deputy Director of Education,
Aurangabad Region, Padampura,
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Aurangabad,
Tq. & Dist. Aurangabad
5. The Education Officer (Secondary),
Zilla Parishad, Aurangabad
Tq. & Dist. Aurangabad.
6. The Block Education Officer,
Panchyat Samiti, Aurangabad.
7. Al-Muabbir Educational, Cultural &
Welfare Society, through its
Secretary,
Azam Colony, Roshan Gate,
Aurangabad.
8. Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
Aurangabad,
Through Head Master .. Respondents
...
WITH
WRIT PETITION NO. 891 OF 2016
Smt. Manisha d/o Basayya Swami,
Age : 42 years, Occu. Service,
C/o Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
Aurangabad.
Tq. & Dist. Aurangabad. .. Petitioner
--VERSUS--
1. The Union of India
Through its Secretary,
Human Research Development,
School Education & Literacy
Department, Delhi.
2. The State of Maharashtra,
through its Secretary,
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School Education Department,
Mantralaya, Mumbai-32.
3. The Director of Education (Primary)
17, Dr. Ambedkar Marg,
Maharashtra State Council of
Examination, Pune-01.
4. The Deputy Director of Education,
Aurangabad Region, Padampura,
Aurangabad,
Tq. & Dist. Aurangabad
5.
The Education Officer (Secondary),
Zilla Parishad, Aurangabad
Tq. & Dist. Aurangabad.
6. The Block Education Officer,
Panchyat Samiti, Aurangabad.
7. Al-Muabbir Educational, Cultural &
Welfare Society, through its
Secretary,
Azam Colony, Roshan Gate,
Aurangabad.
8. Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
Aurangabad,
Through Head Master .. Respondents
...
WITH
WRIT PETITION NO. 892 OF 2016
Trupti w/o Shivaji Sarjine,
Age : 31 years, Occu. Service,
C/o Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
Aurangabad.
Tq. & Dist. Aurangabad. .. Petitioner
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--VERSUS--
1. The Union of India
Through its Secretary,
Human Research Development,
School Education & Literacy
Department, Delhi.
2. The State of Maharashtra,
through its Secretary,
School Education Department,
Mantralaya, Mumbai-32.
3.
The Director of Education (Primary)
17, Dr. Ambedkar Marg,
Maharashtra State Council of
Examination, Pune-01.
4. The Deputy Director of Education,
Aurangabad Region, Padampura,
Aurangabad,
Tq. & Dist. Aurangabad
5. The Education Officer (Secondary),
Zilla Parishad, Aurangabad
Tq. & Dist. Aurangabad.
6. The Block Education Officer,
Panchyat Samiti, Aurangabad.
7. Al-Muabbir Educational, Cultural &
Welfare Society, through its
Secretary,
Azam Colony, Roshan Gate,
Aurangabad.
8. Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
Aurangabad,
Through Head Master .. Respondents
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...
WITH
WRIT PETITION NO. 893 OF 2016
Sayyed Yunus s/o Hamid,
Age : 29 years, Occu. Service,
C/o Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
Aurangabad.
Tq. & Dist. Aurangabad. .. Petitioner
--VERSUS--
1.
The Union of India
Through its Secretary,
Human Research Development,
School Education & Literacy
Department, Delhi.
2. The State of Maharashtra,
through its Secretary,
School Education Department,
Mantralaya, Mumbai-32.
3. The Director of Education (Primary)
17, Dr. Ambedkar Marg,
Maharashtra State Council of
Examination, Pune-01.
4. The Deputy Director of Education,
Aurangabad Region, Padampura,
Aurangabad,
Tq. & Dist. Aurangabad
5. The Education Officer (Secondary),
Zilla Parishad, Aurangabad
Tq. & Dist. Aurangabad.
6. The Block Education Officer,
Panchyat Samiti, Aurangabad.
7. Al-Muabbir Educational, Cultural &
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Welfare Society, through its
Secretary,
Azam Colony, Roshan Gate,
Aurangabad.
8. Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
Aurangabad,
Through Head Master .. Respondents
...
WITH
WRIT PETITION NO. 894 OF 2016
Gafoor s/o Abdar Pathan,
Age : 30 years, Occu. Service,
C/o Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
Aurangabad.
Tq. & Dist. Aurangabad. .. Petitioner
--VERSUS--
1. The Union of India
Through its Secretary,
Human Research Development,
School Education & Literacy
Department, Delhi.
2. The State of Maharashtra,
through its Secretary,
School Education Department,
Mantralaya, Mumbai-32.
3. The Director of Education (Primary)
17, Dr. Ambedkar Marg,
Maharashtra State Council of
Examination, Pune-01.
4. The Deputy Director of Education,
Aurangabad Region, Padampura,
Aurangabad,
Tq. & Dist. Aurangabad
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5. The Education Officer (Secondary),
Zilla Parishad, Aurangabad
Tq. & Dist. Aurangabad.
6. The Block Education Officer,
Panchyat Samiti, Aurangabad.
7. Al-Muabbir Educational, Cultural &
Welfare Society, through its
Secretary,
Azam Colony, Roshan Gate,
Aurangabad.
8.
Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
Aurangabad,
Through Head Master .. Respondents
...
WITH
WRIT PETITION NO. 895 OF 2016
Sayyed Ayub s/o Hamid,
Age : 31 years, Occu. Service,
C/o Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
Aurangabad.
Tq. & Dist. Aurangabad. .. Petitioner
--VERSUS--
1. The Union of India
Through its Secretary,
Human Research Development,
School Education & Literacy
Department, Delhi.
2. The State of Maharashtra,
through its Secretary,
School Education Department,
Mantralaya, Mumbai-32.
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3. The Director of Education (Primary)
17, Dr. Ambedkar Marg,
Maharashtra State Council of
Examination, Pune-01.
4. The Deputy Director of Education,
Aurangabad Region, Padampura,
Aurangabad,
Tq. & Dist. Aurangabad
5. The Education Officer (Secondary),
Zilla Parishad, Aurangabad
Tq. & Dist. Aurangabad.
6. The Block Education Officer,
Panchyat Samiti, Aurangabad.
7. Al-Muabbir Educational, Cultural &
Welfare Society, through its
Secretary,
Azam Colony, Roshan Gate,
Aurangabad.
8. Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
Aurangabad,
Through Head Master .. Respondents
...
WITH
WRIT PETITION NO. 896 OF 2016
Smt. Alka d/o Panditrao Wayal,
Age : 33 years, Occu. Service,
C/o Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
Aurangabad.
Tq. & Dist. Aurangabad. .. Petitioner
--VERSUS--
1. The Union of India
Through its Secretary,
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Human Research Development,
School Education & Literacy
Department, Delhi.
2. The State of Maharashtra,
through its Secretary,
School Education Department,
Mantralaya, Mumbai-32.
3. The Director of Education (Primary)
17, Dr. Ambedkar Marg,
Maharashtra State Council of
Examination, Pune-01.
4. The Deputy Director of Education,
Aurangabad Region, Padampura,
Aurangabad,
Tq. & Dist. Aurangabad
5. The Education Officer (Secondary),
Zilla Parishad, Aurangabad
Tq. & Dist. Aurangabad.
6. The Block Education Officer,
Panchyat Samiti, Aurangabad.
7. Al-Muabbir Educational, Cultural &
Welfare Society, through its
Secretary,
Azam Colony, Roshan Gate,
Aurangabad.
8. Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
Aurangabad,
Through Head Master .. Respondents
...
WITH
WRIT PETITION NO. 1031 OF 2016
Smt. Sayyed Shahin d/o Sayyed Aziz,
Age : 35 years, Occu. Service,
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R/o Near Taha Masjid,
Nehru Nagar, Aurangabad. .. Petitioner
--VERSUS--
1. The Union of India
Through its Ministry of
Human Resources Development,
Government of India,
New Delhi, through its
Chief Secretary.
2. The State of Maharashtra,
through Principal Secretary,
School Education & Sports Department,
Mantralaya, Mumbai-32.
3. The Director of Education (Primary)
Maharashtra State,
Pune-01.
4. The Deputy Director of Education,
Aurangabad Region,
Aurangabad
5. Education Officer
Secondary Zilla Parishad,
Aurangabad
6. Al-Muabbir Educational, Cultural &
Welfare Society, Nehru Nagar
Aurangabad. .. Respondents
...
WITH
WRIT PETITION NO. 1032 OF 2016
Smt. Nikhat Fatema d/o Quazi Md. Ejazuddin,
Age : 28 years, Occu. Service,
R/o Opp. Rasheeda Urdu Primary
School, Sharif Colony,
Near Roshan Masjid,
Aurangabad. .. Petitioner
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--VERSUS--
1. The Union of India
Through its Ministry of
Human Resources Development,
Government of India,
New Delhi, through its
Chief Secretary.
2. The State of Maharashtra,
through Principal Secretary,
School Education & Sports Department,
Mantralaya, Mumbai-32.
3. The Director of Education (Primary)
Maharashtra State,
Pune-01.
4. The Deputy Director of Education,
Aurangabad Region,
Aurangabad
5. Education Officer
Secondary Zilla Parishad,
Aurangabad
6. Al-Muabbir Educational, Cultural &
Welfare Society, Nehru Nagar
Aurangabad. .. Respondents
...
WITH
WRIT PETITION NO. 1033 OF 2016
Khan Salar s/o Nazeer Khan,
Age : 26 years, Occu. Service,
R/o Near Roshan Masjid,
Sharif Colony, Aurangabad. .. Petitioner
--VERSUS--
1. The Union of India
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Through its Ministry of
Human Resources Development,
Government of India,
New Delhi, through its
Chief Secretary.
2. The State of Maharashtra,
through Principal Secretary,
School Education & Sports Department,
Mantralaya, Mumbai-32.
3. The Director of Education (Primary)
Maharashtra State,
Pune-01.
4. The Deputy Director of Education,
Aurangabad Region,
Aurangabad
5. Education Officer
Secondary Zilla Parishad,
Aurangabad
6. Al-Muabbir Educational, Cultural &
Welfare Society, Nehru Nagar
Aurangabad. .. Respondents
...
WITH
WRIT PETITION NO. 1034 OF 2016
Shaikh Sohil s/o Shaikh Shakil,
Age : 26 years, Occu. Service,
R/o House No. 342-728-6,
Babar Colony, Nehru Nagar,
Aurangabad. .. Petitioner
--VERSUS--
1. The Union of India
Through its Ministry of
Human Resources Development,
Government of India,
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New Delhi, through its
Chief Secretary.
2. The State of Maharashtra,
through Principal Secretary,
School Education & Sports Department,
Mantralaya, Mumbai-32.
3. The Director of Education (Primary)
Maharashtra State,
Pune-01.
4. The Deputy Director of Education,
Aurangabad Region,
Aurangabad
5. Education Officer
Secondary Zilla Parishad,
Aurangabad
6. Al-Muabbir Educational, Cultural &
Welfare Society, Nehru Nagar
Aurangabad. .. Respondents
...
WITH
WRIT PETITION NO. 1036 OF 2016
Shaikh Sadek s/o Shaikh Sardar,
Age : 24 years, Occu. Service,
R/o At post Dhamangaon,
Tq. Phulmbri, Dist. Aurangabad .. Petitioner
--VERSUS--
1. The Union of India
Through its Ministry of
Human Resources Development,
Government of India,
New Delhi, through its
Chief Secretary.
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2. The State of Maharashtra,
through Principal Secretary,
School Education & Sports Department,
Mantralaya, Mumbai-32.
3. The Director of Education (Primary)
Maharashtra State,
Pune-01.
4. The Deputy Director of Education,
Aurangabad Region,
Aurangabad
5.
Education Officer
Secondary Zilla Parishad,
Aurangabad
6. Al-Muabbir Educational, Cultural &
Welfare Society, Nehru Nagar
Aurangabad. .. Respondents
...
WITH
WRIT PETITION NO. 1037 OF 2016
Shaikh Aleemuddin s/o Shaikh Ameeruddin,
Age : 27 years, Occu. Service,
R/o House No. 4-11-57/4,
Sharif Colony, Roshan Masjid road,
Aurangabad .. Petitioner
--VERSUS--
1. The Union of India
Through its Ministry of
Human Resources Development,
Government of India,
New Delhi, through its
Chief Secretary.
2. The State of Maharashtra,
through Principal Secretary,
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School Education & Sports Department,
Mantralaya, Mumbai-32.
3. The Director of Education (Primary)
Maharashtra State,
Pune-01.
4. The Deputy Director of Education,
Aurangabad Region,
Aurangabad
5. Education Officer
Secondary Zilla Parishad,
Aurangabad
6. Al-Muabbir Educational, Cultural &
Welfare Society, Nehru Nagar
Aurangabad. .. Respondents
...
WITH
WRIT PETITION NO. 1038 OF 2016
Shaikh Mobin s/o Shaikh Nazim,
Age : 29 years, Occu. Service,
R/o House No. 1-23-5,
Buckalguda, Shah Bazar,
Aurangabad, .. Petitioner
--VERSUS--
1. The Union of India
Through its Ministry of
Human Resources Development,
Government of India,
New Delhi, through its
Chief Secretary.
2. The State of Maharashtra,
through Principal Secretary,
School Education & Sports Department,
Mantralaya, Mumbai-32.
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3. The Director of Education (Primary)
Maharashtra State,
Pune-01.
4. The Deputy Director of Education,
Aurangabad Region,
Aurangabad
5. Education Officer
Secondary Zilla Parishad,
Aurangabad
6. Al-Muabbir Educational, Cultural &
Welfare Society, Nehru Nagar
Aurangabad. .. Respondents
...
WITH
WRIT PETITION NO. 1039 OF 2016
Shaikh Jameel s/o Shaikh Shakil,
Age : 30 years, Occu. Service,
R/o House No. 342-728-6,
Babar Colony, Nehru Nagar,
Aurangabd .. Petitioner
--VERSUS--
1. The Union of India
Through its Ministry of
Human Resources Development,
Government of India,
New Delhi, through its
Chief Secretary.
2. The State of Maharashtra,
through Principal Secretary,
School Education & Sports Department,
Mantralaya, Mumbai-32.
3. The Director of Education (Primary)
Maharashtra State,
Pune-01.
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4. The Deputy Director of Education,
Aurangabad Region,
Aurangabad
5. Education Officer
Secondary Zilla Parishad,
Aurangabad
6. Al-Muabbir Educational, Cultural &
Welfare Society, Nehru Nagar
Aurangabad. .. Respondents
...
ig WITH
WRIT PETITION NO. 1453 OF 2016
Shaikh Javed s/o Kadu,
Age : 28 years, Occu. Service,
C/o Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
Aurangabad.
Tq. & Dist. Aurangabad. .. Petitioner
--VERSUS--
1. The Union of India
Through its Secretary,
Human Research Development,
School Education & Literacy
Department, Delhi.
2. The State of Maharashtra,
through its Secretary,
School Education Department,
Mantralaya, Mumbai-32.
3. The Director of Education (Primary)
17, Dr. Ambedkar Marg,
Maharashtra State Council of
Examination, Pune-01.
4. The Deputy Director of Education,
Aurangabad Region, Padampura,
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Aurangabad,
Tq. & Dist. Aurangabad
5. The Education Officer (Secondary),
Zilla Parishad, Aurangabad
Tq. & Dist. Aurangabad.
6. The Block Education Officer,
Panchyat Samiti, Aurangabad.
7. Al-Muabbir Educational, Cultural &
Welfare Society, through its
Secretary,
Azam Colony, Roshan Gate,
Aurangabad.
8. Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
Aurangabad,
Through Head Master .. Respondents
...
WITH
WRIT PETITION NO. 1454 OF 2016
Nasreen Bano d/o Shaikh Moin,
Age : 28 years, Occu. Service,
C/o Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
Aurangabad.
Tq. & Dist. Aurangabad. .. Petitioner
--VERSUS--
1. The Union of India
Through its Secretary,
Human Research Development,
School Education & Literacy
Department, Delhi.
2. The State of Maharashtra,
through its Secretary,
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School Education Department,
Mantralaya, Mumbai-32.
3. The Director of Education (Primary)
17, Dr. Ambedkar Marg,
Maharashtra State Council of
Examination, Pune-01.
4. The Deputy Director of Education,
Aurangabad Region, Padampura,
Aurangabad,
Tq. & Dist. Aurangabad
5.
The Education Officer (Secondary),
Zilla Parishad, Aurangabad
Tq. & Dist. Aurangabad.
6. The Block Education Officer,
Panchyat Samiti, Aurangabad.
7. Al-Muabbir Educational, Cultural &
Welfare Society, through its
Secretary,
Azam Colony, Roshan Gate,
Aurangabad.
8. Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
Aurangabad,
Through Head Master .. Respondents
...
WITH
WRIT PETITION NO. 1455 OF 2016
Shaikh Shaista Parvin d/o Mohiuddin,
Age : 38 years, Occu. Service,
C/o Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
Aurangabad.
Tq. & Dist. Aurangabad. .. Petitioner
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--VERSUS--
1. The Union of India
Through its Secretary,
Human Research Development,
School Education & Literacy
Department, Delhi.
2. The State of Maharashtra,
through its Secretary,
School Education Department,
Mantralaya, Mumbai-32.
3.
The Director of Education (Primary)
17, Dr. Ambedkar Marg,
Maharashtra State Council of
Examination, Pune-01.
4. The Deputy Director of Education,
Aurangabad Region, Padampura,
Aurangabad,
Tq. & Dist. Aurangabad
5. The Education Officer (Secondary),
Zilla Parishad, Aurangabad
Tq. & Dist. Aurangabad.
6. The Block Education Officer,
Panchyat Samiti, Aurangabad.
7. Al-Muabbir Educational, Cultural &
Welfare Society, through its
Secretary,
Azam Colony, Roshan Gate,
Aurangabad.
8. Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
Aurangabad,
Through Head Master .. Respondents
...
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WITH
WRIT PETITION NO. 1608 OF 2016
Shaikh Shafique s/o Shaikh Gafoor,
Age : 46 years, Occu. Service,
R/o Bari Colony, Near Ram Mandir,
Kiradpura, Aurangabad .. Petitioner
--VERSUS--
1. The Union of India
Through its Ministry of
Human Resources Development,
Government of India,
New Delhi, through its
Chief Secretary.
2. The State of Maharashtra,
through Principal Secretary,
School Education & Sports Department,
Mantralaya, Mumbai-32.
3. The Director of Education (Primary)
Maharashtra State,
Pune-01.
4. The Deputy Director of Education,
Aurangabad Region,
Aurangabad
5. Education Officer
Secondary Zilla Parishad,
Aurangabad
6. Al-Muabbir Educational, Cultural &
Welfare Society, Nehru Nagar
Aurangabad. .. Respondents
...
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WITH
WRIT PETITION NO. 1609 OF 2016
Shaikh Farheen d/o Mohammad Saber,
Age : 35 years, Occu. Service,
R/o Plot No. 22,
Maulana Azad Society,
Himayat Baugh, Aurangabad. .. Petitioner
--VERSUS--
1. The Union of India
Through its Ministry of
Human Resources Development,
Government of India,
New Delhi, through its
Chief Secretary.
2. The State of Maharashtra,
through Principal Secretary,
School Education & Sports Department,
Mantralaya, Mumbai-32.
3. The Director of Education (Primary)
Maharashtra State,
Pune-01.
4. The Deputy Director of Education,
Aurangabad Region,
Aurangabad
5. Education Officer
Secondary Zilla Parishad,
Aurangabad
6. Al-Muabbir Educational, Cultural &
Welfare Society, Nehru Nagar
Aurangabad. .. Respondents
...
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WITH
WRIT PETITION NO. 1610 OF 2016
Shaikh Sajid s/o Abdul Majeed,
Age : 38 years, Occu. Service,
R/o Behind Diamond Stone,
Sharif Colony, Roshan Gate,
Aurangabd .. Petitioner
--VERSUS--
1. The Union of India
Through its Ministry of
Human Resources Development,
Government of India,
New Delhi, through its
Chief Secretary.
2. The State of Maharashtra,
through Principal Secretary,
School Education & Sports Department,
Mantralaya, Mumbai-32.
3. The Director of Education (Primary)
Maharashtra State,
Pune-01.
4. The Deputy Director of Education,
Aurangabad Region,
Aurangabad
5. Education Officer
Secondary Zilla Parishad,
Aurangabad
6. Al-Muabbir Educational, Cultural &
Welfare Society, Nehru Nagar
Aurangabad. .. Respondents
WITH
WRIT PETITION NO. 1611 OF 2016
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Patel Mubarak s/o Shabir Patel,
Age : 34 years, Occu. Service,
R/o At post Dhamangaon,
Tq. Phulambri,
Dist. Aurgagabad. .. Petitioner
--VERSUS--
1. The Union of India
Through its Ministry of
Human Resources Development,
Government of India,
New Delhi, through its
Chief Secretary.
2. The State of Maharashtra,
through Principal Secretary,
School Education & Sports Department,
Mantralaya, Mumbai-32.
3. The Director of Education (Primary)
Maharashtra State,
Pune-01.
4. The Deputy Director of Education,
Aurangabad Region,
Aurangabad
5. Education Officer
Secondary Zilla Parishad,
Aurangabad
6. Al-Muabbir Educational, Cultural &
Welfare Society, Nehru Nagar
Aurangabad. .. Respondents
WITH
WRIT PETITION NO. 1618 OF 2016
Shaikh Asad s/o Abdul Samad,
Age : 29 years, Occu. Service,
R/o At post Devgaon,
Tq. Badnapur, Dist. Jalna,
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at present Azad Chowk,
Rahim Nagar, Galli No. 12,
Aurangabad. .. Petitioner
--VERSUS--
1. The Union of India
Through its Ministry of
Human Resources Development,
Government of India,
New Delhi, through its
Chief Secretary.
2.
The State of Maharashtra,
through Principal Secretary,
School Education & Sports Department,
Mantralaya, Mumbai-32.
3. The Director of Education (Primary)
Maharashtra State,
Pune-01.
4. The Deputy Director of Education,
Aurangabad Region,
Aurangabad
5. Education Officer
Secondary Zilla Parishad,
Aurangabad
6. Al-Muabbir Educational, Cultural &
Welfare Society, Nehru Nagar
Aurangabad. .. Respondents
WITH
WRIT PETITION NO.1620 OF 2016
Syed Nazim s/o Syed Majid,
Age : 36 years, Occ. Service,
R/o Nehru Nagar, Babar Colony,
Near Taha Masjid, Aurangabad. ..Petitioner
--VERSUS--
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1. The Union of India,
Through its Ministry of
Human Resources Development
Government of India,
New Delhi, Through
Its Chief Secretary.
2. The State of Maharashtra,
Through Principal Secretary,
School Education & Sports Department,
Mantralaya, Mumbai -32.
3. The Director of Education,
(Primary)
Maharashtra State, Pune -1.
4. The Deputy Director of Education,
Aurangabad Region, Aurangabad.
5. Education Officer,
Secondary Zilla Parishad,
Aurangabad.
6. Al-Mubbir Educational, Cultural
& Welfare Society,
Nehru Nagar, Aurangabad. ..Respondents
WITH
WRIT PETITION NO.1621 OF 2016
Shaikh Raees s/o Shaikh Muneer,
Age : 42 years, Occ. Service,
R/o Near Roshan Masjid, Sharif Colony,
Aurangabad.
.. Petitioner
--VERSUS--
1. The Union of India,
Through its Ministry of
Human Resources Development
Government of India,
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New Delhi, Through
Its Chief Secretary.
2. The State of Maharashtra,
Through Principal Secretary,
School Education & Sports Department,
Mantralaya, Mumbai -32.
3. The Director of Education,
(Primary)
Maharashtra State, Pune -1.
4. The Deputy Director of Education,
Aurangabad Region, Aurangabad.
5. Education Officer,
Secondary Zilla Parishad,
Aurangabad.
6. Al-Mubbir Educational, Cultural
& Welfare Society,
Nehru Nagar, Aurangabad.
..Respondents
WITH
WRIT PETITION NO.4036 OF 2016
Bhalchandra S/o Vasant Nikumbe
Age 31 years, Occ. Service as
Teacher,
R/o Shirud Digar, Tq. Shahada,
District Nandurbar.
.. Petitioner
-VERSUS-
1. The Union of India,
Through its Secretary,
Human Resources Development
School Education & Literacy Department
New Delhi,
2. The State of Maharashtra,
Through its Secretary,
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Education & Sports Department,
Mantralaya, Mumbai -400 032.
3. The Director of Education, (Primary)
Inclusive Education for Disabled
Children, Maharashtra State,
Pune.
4. The Deputy Director of Education,
Nasik Division, Nasik.
5. Education Officer (Secondary),
Zilla Parishad, Dhule
6. The Head Master,
Late S.R. Patil Secondary and
Higher Secondary School,
Walwadi, District Dhule.
7. Deputy Secretary and
State Project Co-ordinator,
Government of Maharashtra
Rashtriya Madhyamik Shiksha Abhiyan,
Jawahar Bal Bhavan, First Floor,
Netaji Subhash Marg,
Charni Road (West),
Mumbai 400 004
..Respondents
WITH
WRIT PETITION NO.4037 OF 2016
Pankajkumar s/o Mukunda Pakale
Age 32 years, Occ. Service as
Teacher,
R/o Nimzari Naka, Shirpur,
Tq. Shirpur, District -Dhule
.. Petitioner
-VERSUS-
1. The Union of India,
Through its Secretary,
Human Resources Development
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School Education & Literacy Department
New Delhi.
2. The State of Maharashtra,
Through Principal Secretary,
School Education & Sports Department,
Mantralaya, Mumbai -400 032.
3. The Director of Education, (Primary)
Inclusive Education for Disabled
Children, Maharashtra State,
Pune.
4.
The Deputy Director of Education,
Nasik Division, Nasik.
5. Education Officer (Secondary),
Zilla Parishad, Dhule
6. The Head Master,
Adarsh Madhyamik Vidyalaya,
Kalamsare, Tq. Shirpur,
District Dhule
7. Deputy Secretary and
State Project Co-ordinator,
Government of Maharashtra
Rashtriya Madhyamik Shiksha Abhiyan,
Jawahar Bal Bhavan, First Floor,
Netaji Subhash Marg,
Charni Road (West),
Mumbai 400 004
..Respondents
WITH
WRIT PETITION NO.4038 OF 2016
Ravindra Sahebrao Patil
Age 46 years, Occ. Service as
Teacher,
R/o Boradi, Tq. Shirpur,
District Dhule
.. Petitioner
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-VERSUS-
1. The Union of India,
Through its Secretary,
Human Resources Development
School Education & Literacy Department
New Delhi.
2. The State of Maharashtra,
Through Principal Secretary,
School Education & Sports Department,
Mantralaya, Mumbai -400 032.
3.
The Director of Education (Primary)
Inclusive Education for Disabled
Children, Maharashtra State,
Pune.
4. The Deputy Director of Education,
Nasik Division, Nasik.
5. Education Officer (Secondary),
Zilla Parishad, Dhule
6. The Head Master,
Ahilyabai Holkar Vidyalay (Education
Society)
Fotre Tq. Sakri,
Dist. Dhule.
7. Deputy Secretary and
State Project Co-ordinator,
Government of Maharashtra
Rashtriya Madhyamik Shiksha Abhiyan,
Jawahar Bal Bhavan, First Floor,
Netaji Subhash Marg,
Charni Road (West),
Mumbai 400 004
..Respondents
WITH
WRIT PETITION NO.4039 OF 2016
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Vandana Sahebrao Patil
Age 48 years, Occ. Service as
Teacher,
R/o Vighnaharta Colony,
Plot No.88, Deopur, Dhule
.. Petitioner
-VERSUS-
1. The Union of India,
Through its Secretary,
Human Resources Development
School Education & Literacy Department
New Delhi
2. The State of Maharashtra,
Through its Secretary,
Education & Sports Department,
Mantralaya, Mumbai -400 032.
3. The Director of Education, (Primary)
Inclusive Education for Disabled
Children, Maharashtra State,
Pune.
4. The Deputy Director of Education,
Nasik Division, Nasik.
5. Education Officer (Secondary),
Zilla Parishad, Dhule
6. The Head Master,
Ahilyabai Holkar Vidyalay
[Education Society)
Fotre, Tq. Sakri, Dist. Dhule.
7. Deputy Secretary and
State Project Co-ordinator,
Government of Maharashtra
Rashtriya Madhyamik Shiksha Abhiyan,
Jawahar Bal Bhavan, First Floor,
Netaji Subhash Marg,
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Charni Road (West),
Mumbai 400 004
..Respondents
WITH
WRIT PETITION NO.4040 OF 2016
Manohar s/o Himmatrao Dorik
Age 31 years, Occ. Service as
Teacher, R/o At Post Dahiwat,
Tq. Shirpur, District Dhule
.. Petitioner
-VERSUS-
1.
The Union of India,
Through its Secretary,
Human Resources Development
School Education & Literacy Department
New Delhi.
2. The State of Maharashtra,
Through its Secretary,
Education & Sports Department,
Mantralaya, Mumbai -400 032.
3. The Director of Education, (Primary)
Inclusive Education for Disabled
Children, Maharashtra State,
Pune.
4. The Deputy Director of Education,
Nasik Division, Nasik.
5. Education Officer (Secondary),
Zilla Parishad, Dhule
6. The Head Master,
Adarsh Madhyamik Vidyalaya,
Kalamsare, Tq. Shirpur,
District Dhule.
7. Deputy Secretary and
State Project Co-ordinator,
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Government of Maharashtra
Rashtriya Madhyamik Shiksha Abhiyan,
Jawahar Bal Bhavan, First Floor,
Netaji Subhash Marg,
Charni Road (West),
Mumbai 400 004
..Respondents
WITH
WRIT PETITION NO.4094 OF 2016
Sambhaji s/o Ashokrao Patil
Age : 33 years, Occ. Service,
r/o Batanpur, Post : Gaondgaon,
Tq. Devani, Dist. Latur. .. Petitioner
-VERSUS-
1. The State of Maharashtra,
Through its Secretary,
School Education Department,
Mantralaya, Mumbai -32.
2. The Director of Education, (Primary)
Maharashtra State, Pune.
3. The Deputy Director of Education,
Latur Division, Latur.
4. Education Officer, (Secondary)
Zilla Parishad, Latur.
5. Balaram Shikshan Prasarak Mandal,
Batanpur, Tq. Devani,
Dist. Latur, through its Secretary.
6. Mahatma Gandhi Madhyamik Vidyalaya,
Ambegaon, Tq. Devani,
Dist. Latur, through its Head Master.
..Respondents
WITH
WRIT PETITION NO.4104 OF 2016
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Dilip S/o Shripatrao Patil
Age : 34 years, Occ. Service,
r/o at present Chondi Mudkhed,
Tq. Aurad, Dist. Bidar(Karnataka).
.. Petitioner
-VERSUS-
1. The State of Maharashtra,
Through its Secretary,
School Education Department,
Mantralaya, Mumbai -32.
2. The Director of Education, (Primary)
Maharashtra State, Pune.
3. The Deputy Director of Education,
Latur Division, Latur.
4. Education Officer, (Secondary)
Zilla Parishad, Nanded
5. Navyuvak Shikshan Prasarak Mandal,
Rawankola, Tq. Mukhed,
Dist. Nanded, through its Secretary.
6. Manikrao Mule Arya Smarak Vidyalaya,
Rawankola, Tq. Mukhed,
Dist. Nanded, through its Head Master.
..Respondents
WITH
WRIT PETITION NO.5112 OF 2016
Kabir Ahmed Khan s/o Nisar Ahmed Khan Pathan
Age : 33 years, Occu. Service,
C/o Aurangabad Public High School,
Nehru Nagar, Sarif Colony,
Aurangabad., Tq.& Dist. Aurangabad.
.. Petitioner
-VERSUS-
1. The Union of India,
Through its Secretary,
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Human Research Development,
School Education & Literacy
Department, Delhi.
2. The State of Maharashtra,
Through Principal Secretary,
School Education Department,
Mantralaya, Mumbai -32.
3. The Director of Education, (Primary)
17, Dr. Ambedkar Marg.
Maharashtra State, Council of
Examination, Pune -01.
4. The Deputy Director of Education,
Aurangabad Region, Padampura,
Aurangabad, Tq. & Dist. Aurangabad.
5. The Education Officer, (Secondary),
Zilla Parishad, Aurangabad.
Tq. & Dist. Aurangabad.
6. The Block Education Officer,
Panchayat Samiti, Aurangabad.
7. Al-Muabbir Educational, Cultural &
Welfare Society, Through its Secretary,
Azam Colony, Roshan Gate,
Aurangabad.
8. Aurangabad Public High School,
Nehru Nagar, Sharif Colony, Aurangabad,
Through Head Master.
..Respondents
WITH
WRIT PETITION NO.5113 OF 2016
Shaikh Imam s/o Vazir,
Age : 27 years, Occu. Service,
R/o C/o Aurangabad Public High School,
Nehru Nagar, Sarif Colony,
Aurangabad., Tq.& Dist.Aurangabad .Petitioner
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-VERSUS-
1. The Union of India,
Through its Secretary,
Human Research Development,
School Education & Literacy
Department, Delhi.
2. The State of Maharashtra,
Through Principal Secretary,
School Education Department,
Mantralaya, Mumbai -32.
3.
The Director of Education, (Primary)
17, Dr. Ambedkar Marg.
Maharashtra State, Council of
Examination, Pune -01.
4. The Deputy Director of Education,
Aurangabad Region, Padampura,
Aurangabad, Tq. & Dist. Aurangabad.
5. The Education Officer, (Secondary),
Zilla Parishad, Aurangabad.
Tq. & Dist. Aurangabad.
6. The Block Education Officer,
Panchayat Samiti, Aurangabad.
7. Al-Muabbir Educational, Cultural &
Welfare Society, Through its Secretary,
Azam Colony, Roshan Gate,
Aurangabad.
8. Aurangabad Public High School,
Nehru Nagar, Sharif Colony, Aurangabad,
Through Head Master. ..Respondents
WITH
WRIT PETITION NO.5114 OF 2016
Gaikwad Kalyan s/o Baburao
Age : 26 years, Occu. Service,
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R/o C/o Aurangabad Public High School,
Nehru Nagar, Sarif Colony,
Aurangabad., Tq.& Dist. Aurangabad.
.. Petitioner
-VERSUS-
1. The Union of India,
Through its Secretary
Human Research Development,
School Education & Literacy
Department, Delhi.
2. The State of Maharashtra,
Through its Secretary,
School Education Department,
Mantralaya, Mumbai -32.
3. The Director of Education, (Primary)
17, Dr. Ambedkar Marg.
Maharashtra State, Council of
Examination, Pune -01.
4. The Deputy Director of Education,
Aurangabad Region, Padampura,
Aurangabad, Tq. & Dist. Aurangabad.
5. The Education Officer, (Secondary),
Zilla Parishad, Aurangabad.
Tq. & Dist. Aurangabad.
6. The Block Education Officer,
Panchayat Samiti, Aurangabad.
7. Al-Muabbir Educational, Cultural &
Welfare Society, Through its Secretary,
Azam Colony, Roshan Gate,
Aurangabad.
8. Aurangabad Public High School,
Nehru Nagar, Sharif Colony, Aurangabad,
Through Head Master.
..Respondents
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WITH
WRIT PETITION NO.5115 OF 2016
Shaikh Nayyum s/o Khader,
Age : 34 years, Occu. Service,
R/o C/o Aurangabad Public High School,
Nehru Nagar, Sarif Colony,
Aurangabad, Tq.& Dist. Aurangabad.
.. Petitioner
-VERSUS-
1. The Union of India,
Through its Secretary
Human Research Development,
School Education & Literacy
Department, Delhi.
2. The State of Maharashtra,
Through its Secretary,
School Education Department,
Mantralaya, Mumbai -32.
3. The Director of Education, (Primary)
17, Dr. Ambedkar Marg.
Maharashtra State, Council of
Examination, Pune -01.
4. The Deputy Director of Education,
Aurangabad Region, Padampura,
Aurangabad, Tq. & Dist. Aurangabad.
5. The Education Officer, (Secondary),
Zilla Parishad, Aurangabad.
Tq. & Dist. Aurangabad.
6. The Block Education Officer,
Panchayat Samiti, Aurangabad.
7. Al-Muabbir Educational, Cultural &
Welfare Society, Through its Secretary,
Azam Colony, Roshan Gate,
Aurangabad.
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8. Aurangabad Public High School,
Nehru Nagar, Sharif Colony, Aurangabad,
Through Head Master.
..Respondents
WITH
WRIT PETITION NO.5162 OF 2016
Jayeshkumar S/o Gangadhar Kardile,
Age : 34 years, Occ. Service,
R/o Jawalga, Tq. Chakur, Dist. Latur.
.. Petitioner
-VERSUS-
1.
The State of Maharashtra,
Through its Secretary,
School Education Department,
Mantralaya, Mumbai -32.
2. The Director of Education, (Primary)
Maharashtra State, Pune.
3. The Deputy Director of Education,
Latur Division, Latur.
4. Education Officer, (Secondary)
Zilla Parishad, Nanded
5. Chanchal Bharti Sikshan Prasarak Mandal
Ahmedpur, Dist. Latur.
Through its Secretary.
6. Shideshwar Madhaymik Vidyalaya Zari (Bk.)
Tq. Chakur, Dist.Latur,
Through its Head Master.
..Respondents
WITH
WRIT PETITION NO.5163 OF 2016
Dayanand s/o Dadarao Patil
Age : 34 years, Occ. Service,
R/o Wagdari,Tq. Deoni,Dist.Latur..Petitioner
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-VERSUS-
1. The State of Maharashtra,
Through its Secretary,
School Education Department,
Mantralaya, Mumbai -32.
2. The Director of Education, (Primary)
Maharashtra State, Pune.
3. The Deputy Director of Education,
Latur Division, Latur.
4.
Education Officer, (Secondary)
Zilla Parishad, Latur.
5. Uddeshwar Shikshan Sanstha Savargaon,
Tq. Deoni, Dist. Latur through its
Secretary.
6. Uddeshwar Vidhaya Savargaon
At Post Savargaon, Tq. Deoni,
Dist. Latur through its Head Master.
..Respondents
WITH
WRIT PETITION NO.5164 OF 2016
Mahadevi d/o Vithalrao Gopchade,
Age : 34 years, Occ. Service,
R/o Ballur, Tq.Degloor, Dist. Nanded.
.. Petitioner
-VERSUS-
1. The State of Maharashtra,
Through its Secretary,
School Education Department,
Mantralaya, Mumbai -32.
2. The Director of Education, (Primary)
Maharashtra State, Pune.
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3. The Deputy Director of Education,
Latur Division, Latur.
4. Education Officer, (Secondary)
Zilla Parishad, Latur
5. Navyuvak Shikshan Prasarak Mandal,
Rawankola, Tq. Mukhed,
Dist. Nanded, through its Secretary.
6. Kai.Dr. Bhausaheb Deshmukh
Secondary School, Mukramabad
Tq. Mukhed, Dist. Nanded,
through its Head Master.
..Respondents
WITH
WRIT PETITION NO.5165 OF 2016
Mohammad s/o Ismail Shaikh,
Age : 36 years, Occ. Service,
R/o Honali, Tq. Deoni, Dist. Latur.
.. Petitioner
-VERSUS-
1. The State of Maharashtra,
Through its Secretary,
School Education Department,
Mantralaya, Mumbai -32.
2. The Director of Education, (Primary)
Maharashtra State, Pune.
3. The Deputy Director of Education,
Latur Division, Latur.
4. Education Officer, (Secondary)
Zilla Parishad, Latur
5. Lokjagruti Sikshan Sanstha Valandi,
Tq. Deoni, Dist. Latur through its
Secretary.
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6. Vivekwardhani Secondary & Higher
Secondary School Deoni
At Post Deoni, Tq. Deoni
Dist. Latur through its Head Master.
..Respondents
WITH
WRIT PETITION NO.5166 OF 2016
Pramod s/o Dattatray Ghogre,
Age 35 years, Occ. Service,
R/o Gurdhal, Tq. Deoni,
Dist. Latur .. Petitioner
VERSUS
1. The State of Maharashtra
through its Secretary,
School Education Department
Mantralaya, Mumbai 32
2. The Director of Education (Primary)
Maharashtra State, Pune
3. The Deputy Director of Education
Latur Division, Latur
4. The Education Officer (Secondary)
Zilla Parishad, Latur
5. Sarswati Sikshan Prasarak Mandal
Borgaon (Bk), Post Takali Tq.Udgir
Dist.Latur through its Secretary
6. Mahatama Gandhi Secondary School
Borgaon (Bk), Post Takali Tq.Udgir
Dist.Latur through its Head Master
.. Respondents
WITH
WRIT PETITION NO.5167 OF 2016
Bhaktram s/o Shriram Bade,
Age 33 years, Occ. Service,
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r/o Hanmantjwalga, Tq.Chakur,
Dist.Latur
.. Petitioner
-VERSUS-
1. The State of Maharashtra
through its Secretary,
School Education Department
Mantralaya, Mumbai 32
2. The Director of Education (Primary)
Maharashtra State, Pune
3.
The Deputy Director of Education
Latur Division, Latur
4. The Education Officer (Secondary)
Zilla Parishad, Latur
5. Gatiman Sikshan Sanstha Naigaon
Tq.Chakur, Dist.Latur
through its Secretary
6. Neharu Secondary School,
Naigaon, Tq. Chakur,
Dist. Latur, through
its Head Master
.. Respondents
WITH
WRIT PETITION NO.5168 OF 2016
Pravin s/o Hanmantrao Patil
Age 34 years, Occ. Service,
r/o Dhanegaon, Tq.Deoni, Dist.Latur
.. Petitioner
-VERSUS-
1. The State of Maharashtra
through its Secretary,
School Education Department
Mantralaya, Mumbai 32
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2. The Director of Education (Primary)
Maharashtra State, Pune
3. The Deputy Director of Education
Latur Division, Latur
4. The Education Officer (Secondary)
Zilla Parishad, Latur
5. Gourishankar Bahu-Udheshiya Sanstha
Dhanegaon, TQ. Deoni, Dist.Latur
through its Secretary
6.
Gourishankar Vidhayala,
at post Dhanegaon, Tq. Deoni,
Dist.Latur through its
Head Master
.. Respondents
WITH
WRIT PETITION NO. 5169 OF 2016
Chandrakant s/o Goutam Gaikwad,
Age 34 years, Occ. Service,
r/o Belsakarga, Tq. Udgir,
Dist.Latur .. Petitioner
-VERSUS-
1. The State of Maharashtra
through its Secretary,
School Education Department
Mantralaya, Mumbai 32
2. The Director of Education (Primary)
Maharashtra State, Pune
3. The Deputy Director of Education
Latur Division, Latur
4. The Education Officer (Secondary)
Zilla Parishad, Nanded
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5. Navvivak Sikshan Prasarak Mandal
Ravankola, Tq. Mukhed
Dist.Nanded through its Secretary
6. Manikrao Mule Arya Smarak Vidhaya
Ravankola, Tq. Mukhed
Dist. Nanded through its
Head Master
.. Respondents
WITH
WRIT PETITION NO.5170 OF 2016
Abdul Rasheed s/o Abdul Rab Rajapatel,
Age 35 years, Occ. Service,
r/o at present Udgir, Tq. Udgir,
Dist. Latur
.. Petitioner
-VERSUS-
1. The State of Maharashtra
through its Secretary,
School Education Department
Mantralaya, Mumbai 32
2. The Director of Education (Primary)
Maharashtra State, Pune
3. The Deputy Director of Education
Latur Division, Latur
4. The Education Officer (Secondary)
Zilla Parishad, Latur
5. Shri Gurulingeshwar Public Education
Society, Deoni, Tq. Deoni,
Dist.Latur, through its
Secretary
6. Shri Yovgeshwari Devi Madhyamik
Vidhalaya, Deoni, Tq. Deoni,
Dist.Latur through its
Head Master .. Respondents
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WITH
WRIT PETITION NO.5171 OF 2016
Pradip s/o Manohar Patil,
Age 34 years, Occ. Service,
r/o at present Borol, Tq. Devoni,
Dist. Latur
.. Petitioner
-VERSUS-
1. The State of Maharashtra
through its Secretary,
School Education Department
Mantralaya, Mumbai 32
2. The Director of Education (Primary)
Maharashtra State, Pune
3. The Deputy Director of Education
Latur Division, Latur
4. The Education Officer (Secondary)
Zilla Parishad, Latur
5. Nath Shikshan Prasarak Mandal
Borol, Tq.Deoni, Dist. Latur
through its Secretary
6. Kai.Yeshwantrao Chavan Vidhyalaya
Borol, Tq.Deoni, Dist. Latur
through its Head Master
.. Respondents
WITH
WRIT PETITION NO.5172 OF 2016
Jaywant s/o Harischandra Patil,
Age 34 years, Occ. Service,
r/o Tiruka, Tq.Jalkot,
Dist. Latur .. Petitioner
-VERSUS-
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1. The State of Maharashtra
through its Secretary,
School Education Department
Mantralaya, Mumbai 32
2. The Director of Education (Primary)
Maharashtra State, Pune
3. The Deputy Director of Education
Latur Division, Latur
4. The Education Officer (Secondary)
Zilla Parishad, Latur
5. Kai.Anusayabai Shikshan Sanstha
Hangarga (Ku), Tq.Udgir,
Dist.Latur, through its Secretary
6. Bal Ram Vidhalaya Hangarga (Ku)
Tq.Udgir, Dist.Latur
through its Head Master
... Respondents
WITH
WRIT PETITION NO.5173 OF 2016
Dnyanoba s/o Uttamrao Pawar,
Age 34 years, Occ. Service,
r/o Mahapur, Tq.& Dist. Latur
.. Petitioner
-VERSUS-
1. The State of Maharashtra
through its Secretary,
School Education Department
Mantralaya, Mumbai 32
2. The Director of Education (Primary)
Maharashtra State, Pune
3. The Deputy Director of Education
Latur Division, Latur
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4. The Education Officer (Secondary)
Zilla Parishad, Latur
5. Gangadevi Shikshan Prasarak Mandal,
Gangapur, Tq. & Dist. Latur
through its Secretary
6. Jaikishan Vidhyamandir Gangapur,
Tq. & Dist. Latur
through its Head Master
... Respondents
WITH
WRIT PETITION NO.5174 OF 2016
Chandrakant s/o Nagnath Chate,
Age 34 years, Occ. Service,
r/o at present Hanmant Jawalga,
Tq. Chakur, Dist. Latur
... Petitioner
-VERSUS-
1. The State of Maharashtra
through its Secretary,
School Education Department
Mantralaya, Mumbai 32
2. The Director of Education (Primary)
Maharashtra State, Pune
3. The Deputy Director of Education
Latur Division, Latur
4. The Education Officer (Secondary)
Zilla Parishad, Latur
5. Lokayat Shikshan Sanstha
Ahmedpur, Tq.Udgir, Dist. Latur
through its Secretary
6. Bhai Kishanrao Deshmukh Madhamik
Vidyalay, Chakur,
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Tq. Chakur, Dist. Latur
through its Head Master
.. Respondents
WITH
WRIT PETITION NO.5175 OF 2016
Satish s/o Vithalrao Gitte,
Age 33 years, Occ. Service,
r/o Bodhadi, Tq.Himayatnagar,
Dist.Nanded.
.. Petitioner
-VERSUS-
1. The State of Maharashtra
through its Secretary,
School Education Department
Mantralaya, Mumbai 32
2. The Director of Education (Primary)
Maharashtra State, Pune
3. The Deputy Director of Education
Latur Division, Latur
4. The Education Officer (Secondary)
Zilla Parishad, Nanded
5. Zilla Parishad, Vidalya Bodhadi,
Tq.Kinwat, Dist.Nanded
through its Head Master. .. Respondents
WITH
WRIT PETITION NO.5176 OF 2016
Asha d/o Shivajirao Jadhav,
Age 27 years, Occ. Service,
r/o Ravankola, Tq.Mukhed,
Dist.Nanded ... Petitioner
-VERSUS-
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1. The State of Maharashtra
through its Secretary,
School Education Department
Mantralaya, Mumbai 32
2. The Director of Education (Primary)
Maharashtra State, Pune
3. The Deputy Director of Education
Latur Division, Latur
4. The Education Officer (Secondary)
Zilla Parishad, Nanded
5. Nav Yuvak Prasarak Mandal Rawankola,
Tq.Mukhed, Dist. Nanded
through its Secretary
6. Kai Bhausaheb Deshmukh Vidhalaya
Mukramabad, Tq.Mukhed,
Dist.Nanded through its
Head Master
.. Respondents
WITH
WRIT PETITION NO.5177 OF 2016
Sanjay s/o Prabhakar Jadhav,
Age 37 years, Occ. Service,
r/o Kodali, Tq. Udgir,
Dist.Latur
.. Petitioner
-VERSUS-
1. The State of Maharashtra
through its Secretary,
School Education Department
Mantralaya, Mumbai 32
2. The Director of Education (Primary)
Maharashtra State, Pune
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3. The Deputy Director of Education
Latur Division, Latur
4. The Education Officer (Secondary)
Zilla Parishad, Latur
5. Nav Yuvak Shikshan Prasarak Mandal,
Ravankola Tq. Udgir,
Dist.Latur, through its Secretary
6. Shanti Niketan Vidhaya Kodali
Tq.Udgir, Dist.Latur
through its Head Master
ig .. Respondents
WITH
WRIT PETITION NO.5178 OF 2016
Pandit s/o Bajirao Sangve,
Age 32 years, Occ. Service,
r/o Daithna, Tq.Shirur Anantpal,
Dist.Latur
.. Petitioner
-VERSUS-
1. The State of Maharashtra
through its Secretary,
School Education Department
Mantralaya, Mumbai 32
2. The Director of Education (Primary)
Maharashtra State, Pune
3. The Deputy Director of Education
Latur Division, Latur
4. The Education Officer (Secondary)
Zilla Parishad, Nanded
5. Nav Yovak Shikshan Prasarak Mandal,
Ravankola Tq.Mukhed, Dist.Nanded
through its Secretary
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6. Manikrao Mule Arya Smarak Vidhayala
Ravankola Tq.Mukhed, Dist.Nanded
through its Head Master
.. Respondents
WITH
WRIT PETITION NO.5179 OF 2016
Balaji s/o Vithalrao C.
Age 38 years, Occ. Service,
r/o at present Rohina, Tq.Chakur,
Dist.Latur
ig .. Petitioner
-VERSUS-
1. The State of Maharashtra
through its Secretary,
School Education Department
Mantralaya, Mumbai 32
2. The Director of Education (Primary)
Maharashtra State, Pune
3. The Deputy Director of Education
Latur Division, Latur
4. The Education Officer (Secondary)
Zilla Parishad, Latur
5. Borol Gramvikas Sevabhavi Pratisthan
Borol Tq.Deoni, Dist.Latur
through its Secretary
6. Shivajirao Shendge Vidhyalaya
Bhopni Tq.Deoni, Dist.Latur
through its Head Master
... Respondents
WITH
WRIT PETITION NO.5180 OF 2016
Shruti d/o Shrikantrao Auradkar,
Age 33 years, Occ. Service,
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r/o Udgir, Tq.Udgir,
Dist.Latur
.. Petitioner
-VERSUS-
1. The State of Maharashtra
through its Secretary,
School Education Department
Mantralaya, Mumbai 32
2. The Director of Education (Primary)
Maharashtra State, Pune
3.
The Deputy Director of Education
Latur Division, Latur
4. The Education Officer (Secondary)
Zilla Parishad, Latur
5. Kai.Gadgeappa Mankari Shikshan Prasarak
Mandal Deoni Tq.Deoni, Dist.Latur
through its Secretary
6. Gadgeappa Mankari Vidhayalay Gurnal
Deoni Tq.Deoni, Dist.Latur,
through its Head Master
.. Respondents
WITH
WRIT PETITION NO.5181 OF 2016
Sharad s/o Baburao Kendre,
Age 38 years, Occ. Service,
r/o at present Rohina, Tq.Chakur,
Dist.Latur
.. Petitioner
-VERSUS-
1. The State of Maharashtra
through its Secretary,
School Education Department
Mantralaya, Mumbai 32
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2. The Director of Education (Primary)
Maharashtra State, Pune
3. The Deputy Director of Education
Latur Division, Latur
4. The Education Officer (Secondary)
Zilla Parishad, Latur
5. Krantiveer Mahatma Jotiba Phule
Bahu Uddeshiya Youk Krida Mandal
Udgir, Tq.Udgir, Dist. Latur
through its Secretary
6. Ahielyadevi Madhamik Vidyalay Madlapur
Tq. Udgir, Dist. Latur,
through its Head Master
... Respondents
WITH
WRIT PETITION NO.5272 OF 2016
Sudhir s/o Subhash Satpute,
Age 34 years, Occ. Service,
r/o at present Latur, Tq.Udgir,
Dist. Latur
... Petitioner
VERSUS
1. The State of Maharashtra
through its Secretary,
School Education Department
Mantralaya, Mumbai 32
2. The Director of Education (Primary)
Maharashtra State, Pune
3. The Deputy Director of Education
Latur Division, Latur
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4. The Education Officer (Secondary)
Zilla Parishad, Latur
5. Dnyan Prasarak Mandal Yermala
Tq. & Dist.Osmanabad
through its Secretary
6. Shivaji Vidyalay Labour Colony
Latur Tq. & Dist.Latur
through its Head Master
... Respondents
ig WITH
WRIT PETITION NO.5273 OF 2016
Parmeshwar s/o Dharmanna Sambhale,
Age 32 years, Occ. Service,
r/o at present Togri, Tq.Udgir,
Dist. Latur ... Petitioner
VERSUS
1. The State of Maharashtra
through its Secretary,
School Education Department
Mantralaya, Mumbai 32
2. The Director of Education (Primary)
Maharashtra State, Pune
3. The Deputy Director of Education
Latur Division, Latur
4. The Education Officer (Secondary)
Zilla Parishad, Latur
5. Kalleshwar Dnyan Prasarak Bhagini Mandal
Togri Tq.Udgir, Dist.Latur
through its Secretary
6. Pandit Jawaharlal Neharu Vidyalay Togri
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65
Tq. Udgir, Dist. Latur
through its Head Master... Respondents
WITH
WRIT PETITION NO.5274 OF 2016
Sandeep s/o Chandrakant Chillarge,
Age 37 years, Occ. Service,
r/o at present Tondchir,
Tq.Udgir, Dist. Latur
.. Petitioner
-VERSUS-
1. The State of Maharashtra
through its Secretary,
School Education Department
Mantralaya, Mumbai 32
2. The Director of Education (Primary)
Maharashtra State, Pune
3. The Deputy Director of Education
Latur Division, Latur
4. The Education Officer (Secondary)
Zilla Parishad, Latur
5. Kai.Anusayabai Shikshan Sanstha,
Hangarga (Ku), Post Tondar,
Tq.Udgir, Dist. Latur
through its Secretary
6. Bal Ram Vidyalaya,
Hangarga (K), Tq.Udgir,
Dist. Latur through its
Head Master .. Respondents
WITH
WRIT PETITION NO.5664 OF 2016
Shahejad Ahmed s/o Amiruddin Patel
Age 37 years, Occ. Service,
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r/o H.No.2071, Darusala Mohalla,
Paithan, Tq. Paithan,
Dist.Aurangabad .. Petitioner
-VERSUS-
1. The Union of India,
through its Secretary,
A Ministry of Human Resource Development
Department of School Education and
Liberacy, New Delhi
2. The State of Maharashtra
through its Secretary,
Education Department, Mantralaya,
Mumbai - 32
3. The Director of Education (Primary)
Maharashtra State, Pune
4. The Deputy Director of Education
Aurangabad
5. The Education Officer (Secondary)
Zilla Parishad, Aurangabad
6. Al-Mubbir Education, Cultural
and Social Society,
Shareef Colony, Nehrunagar,
Aurangabad ... Respondents
WITH
WRIT PETITION NO.6482 OF 2016
Shaikh Samir s/o Shaikh Noor Mohammad,
Age 33 years, Occ. Service,
r/o c/o Aurangabad Public High School, Nehru
Nagar, Sharif Colony,
Aurangabad, Tq. & Dist.Aurangabad
.. Petitioner
-VERSUS-
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1. The Union of India,
through its Secretary,
Human Research Development
School Education and Literacy Department,
Delhi
2. The State of Maharashtra
through its Secretary,
School Education Department,
Mantralaya, Mumbai - 32
3. The Director of Education (Primary)
17, Dr.Ambedkar Marg,
Maharashtra State Council of
Examination, Pune-01
4. The Deputy Director of Education
Aurangabad Region, Padampura,
Aurangabad, Tq. & Dist.Aurangabad
5. The Education Officer (Secondary)
Zilla Parishad, Aurangabad
Tq. & Dist. Aurangabad
6. The Block Education Officer,
Panchayat Samiti, Aurangabad
7. Al-Mubbir Educational, Cultural
and Welfare Society, through
its Secretary,
Azam Colony, Roshan Gate,
Aurangabad
8. Aurangabad Public High School,
Nehru Nagar, Sharif Colony,
Aurangabad through Head Master
... Respondents
WITH
WRIT PETITION NO.6557 OF 2016
Rajabhau s/o Devidas Bhutekar,
Age 35 years, Occ. Service,
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r/o Upale(M),
Ta. & Dist. Parbhani .. Petitioner
-VERSUS-
1. The State of Maharashtra
through its Principal Secretary,
School Education & Sports Department,
Maharashtra State, Mantralaya,
Mumbai
2. The Director of Education (Primary)
Central Building, Pune-411001
3. The Regional Deputy Director of Education
Latur Region, Latur
4. Zilla Parishad, Osmanabad
through its Chief Executive Officer
5. Zilla Parishad Madhyamik & Uchha
Madhyamik Girls Prashala,
Taluka & Dist. Osmanabad
through its Head Master
.. Respondents
...
Mr. S.S. Kazi, Mr. V.D. Gunale, Mrs. Charuta
S. Deshmukh, Mr. H.I. Pathan, Ms. Sabahat T.
Kazi, Mr. Dhanaji S. Kudale, Mr.S.K. Shaikh &
Rahul S. Pawar, Advocates for petitioners in
respective petitions.
Mr.S.B.Deshpande, ASG, Ms. Deepali Jape,
Mr.D.G.Nagode and Mr.A.G.Talhar, Standing
Counsel for Union of India.
Mrs.M.A.Deshpande, AGP for respondent State.
Mr.Waseemullah, Advocate for respondent
Management/School.
...
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CORAM: S.S.SHINDE &
P.R. BORA, JJ.
Reserved on : 26.07.2016 Pronounced on : 25.08.2016
JUDGMENT: (Per S.S.Shinde, J.):
1. Heard. Rule. Rule made returnable
forthwith, and heard finally with the consent
of the parties.
2. In all these Writ Petitions, the
petitioners have taken exception to the
impugned orders passed by the Director of
Education, Maharashtra State, Pune, thereby
withdrawing the approval granted to the
appointments/services of the petitioners.
3. It is the submission of the learned
counsel appearing for the respective
petitioners that the Government of India,
Ministry of Human Resource Development
Department of School Education and Literacy,
vide letter dated 13.04.2009, instructed the
Education Secretary, Government of
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Maharashtra to implement new scheme of
Inclusive Education for Disabled at Secondary
Stage (in short 'IEDSS'). Along with said
letter a copy of the guidelines and proforma
for submission of proposals was also
enclosed. It is further submitted that in
pursuance of the directions issued by the
Central Government, the State Government on
31.08.2009, issued a Government Resolution
for implementation of the scheme of Inclusive
Education for Disabled at Secondary Stage. By
way of said Resolution, the State Government
permitted the educational institutions,
receiving grant-in-aid to appoint special
teacher/attendants in pursuance of the
Central Government scheme of IEDSS.
Accordingly, after advertising the posts and
following the proper selection process, the
appointments of the petitioners have been
made on the post of special teachers/
attendants, etc. The appointment orders were
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also issued in favour of the petitioners.
The Director of Education granted recognition
to the respective units in which the
petitioners were appointed by the respondent
institutions. The Deputy Director of
Education has granted approvals to the
appointments of the petitioners. In some
cases, the proposals for approvals are
pending, but in most of the cases the Deputy
Director of Education has granted permanent
approval [lsok lkrR;] in favour of the
petitioners. The petitioners have been placed
in particular pay scale, as it is evident
from the appointment letters issued to the
petitioners. It is also stated that the
services of the petitioners would be governed
by the provisions of the Maharashtra
Employees of Private Schools (Condition of
Service) Regulation Act, 1977 and the Rules.
Therefore, once the petitioners have
completed two years probation period and to
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that effect the approvals are granted by the
Deputy Director of Education, in that case
the impugned show cause notices and also
consequent orders passed by the Director of
Education for withdrawing the approvals is
totally arbitrary exercise of powers. As a
sequel of withdrawal of approvals, the
petitioners' services would come to an end.
4. It is submitted that after proper
enquiry, the Deputy Secretary and Project
Coordinator for the State Government informed
the Education Officer vide letter dated
29.03.2015 that 328 teachers are qualified.
A list of 328 qualified teachers was sent
along with forwarding letter dated
29.03.2015. It is the submission of the
learned counsel appearing for the petitioners
that the names of petitioners have been
included in the said list. It is submitted
that the Director of Education issued show
cause notices to some of the petitioners and
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some of the petitioners did not receive the
said show cause notices. However, the
approvals granted to their services have been
withdrawn. No action has been taken by the
respondents to grant approval for the
appointment of some of the petitioners. It is
submitted that the salary of the petitioners
for the period for which they have rendered
services is paid in part, in some cases it is
not paid at all. It is submitted that by
impugned orders, virtually, the petitioners'
appointments have been cancelled by the
Director of Education. It is submitted that
the Director of Education ought to have
considered that the appointments of the
petitioners are in accordance with law and
the approvals have been granted by the Deputy
Director of Education to their appointments,
and therefore, after rendering the services
by them for considerable period, they cannot
be asked to go home without there being any
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fault on their part.
5. At the cost of repetition, the
learned counsel appearing for the petitioners
urged that the impugned orders are in the
nature of drastic action against the
petitioners, and therefore, it was incumbent
upon the Director of Education to consider
the case of each of the petitioners, and in
those cases wherein replies are filed by the
petitioners to the show cause notices, to
consider such reply and after affording
opportunity of hearing to the petitioners,
and after satisfying that he has jurisdiction
to take such decision, the decision would
have been taken separately in each case. If
the Director of Education, without assigning
any reasons whatsoever, has withdrawn the
approvals granted to the services of the
petitioners, it not only amounts to arbitrary
exercise of powers, but while doing so, the
Authority has indulged into committing
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illegalities. It is submitted that some of
the petitioners are working since 2009 and
they have rendered more than 7 years service.
It is submitted that in the list of 328
approved teachers, the names of the
petitioners are included. The scheme under
which the Units have been approved/sanctioned
is being continued by the Government of
India. There was no reason for the
respondents to withdraw the approvals granted
to the petitioners appointments/services. It
is submitted that as the petitioners are
appointed after following due procedure of
law and the provisions of MEPS Act are made
applicable governing their service
conditions. Therefore, as provided in
Government Resolution dated 15.09.2010 issued
by the School Education and Sports
Department, State of Maharashtra, if at all
the posts of special teacher/attendant are
not available, then the petitioners can be
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declared as surplus, and the respondents can
be directed to absorb them in other schools.
6. It is submitted that the salary of
the petitioners is withheld due to the
impugned orders passed by the Director of
Education. The impugned orders are passed
against the rules of principles of natural
justice, inasmuch as in some cases the show
cause notices are not issued, wherein the
show cause notices are issued the reply is
filed by the petitioners in the said cases
the Director of Education has not considered
their reply and without assigning any
reasons, passed the impugned orders. Once the
services of the petitioners have been
approved by the Deputy Director of Education,
the Director of Education has no jurisdiction
to withdraw the said approvals by arbitrary
exercise of powers and without assigning any
reasons in breach of principles of natural
justice. In support of the aforesaid
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contention, the learned counsel appearing for
the petitioners pressed into service
exposition of law in the case of Uma Nath
Pandey and others Vs. State of Uttar Pradesh
and ors1. The learned counsel invited our
attention to the provisions of the Government
Resolution dated 15.09.2010 issued by the
School Education and Sports Department,
Government of Maharashtra wherein the
Government of Maharashtra has taken a
decision to absorb 595 special teachers in
the primary schools, who were appointed in
IEDSS, like the petitioners. It is submitted
that appendix-I gives criteria of IEDSS
scheme for appointing special teacher as per
clause 5.2.2 (VI) and for attendants as per
the clause 5.2.1 (IV). The Appendix-III gives
eligibility criteria for the teachers and
applicability of rules and regulations for
service to be governed. The respondent
authority has forwarded details of special 1 AIR 2009 SC 375
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teachers to the Central Government, and out
of which 328 teachers list was published as
valid and entitled for salary to be paid vide
letter dated 02.02.2015. Most of the names
of the petitioners have been included in the
said list. As per the said list, the salary
of 9 months was paid to some of the
petitioners. However, without any reasons,
the Director of Education issued show cause
notices to the petitioners and then the
approvals granted to their appointments/
services have been withdrawn.
7. It is submitted that all the
petitioners worked as full-time
teachers/special teachers, however, they are
not being paid full amount towards salary,
and in case of some of the petitioners salary
is not paid at all. In case of some of the
petitioners, salary is withheld for
considerable period, though they have
rendered satisfactory services. The learned
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counsel appearing for the respective
petitioners invited our attention to the
various documents placed on record and in
particular the copies of the documents
showing approvals granted to their services
and also in the case of some of the
petitioners, the proposals are pending for
approval. In case of some of the petitioners,
the approvals are granted after completion of
probation period and the proposals seeking
permanent approvals are pending with the
respondent authorities. The learned counsel
appearing for the petitioners invited our
attention to the exposition of law in the
case of State of H.P. Vs. H.P.State
Recognised and aided Schools Managing
Committees and others2 and submits that the
Supreme Court has taken a view that Right to
education being a fundamental right, the
State of Himachal Pradesh is under a
constitutional obligation to provide free 2 [1995] 4 SCC 507
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education to children till they complete the
age of 14 years. The obligation does not end
thereafter, but it is subject to the limits
of its economic capacity and development.
Judicial notice may be taken of the fact
that, ordinarily, a child in this country
joins school at the age of five years. All
the children studying in the Middle Schools
would be less than fourteen. Therefore, the
State Government is under an obligation to
provide free education to the children
studying in aided non-government Middle
Schools. In other words, the aided private
Middle Schools are entitled to full grants-
in-aid from the State Government. So far as
the High Schools and Senior Secondary Schools
are concerned, the State Government is again
under an obligation to provide free education
to the children studying in these schools who
are fourteen years of age or less. The net
result is that even in High Schools and
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Senior Secondary Schools up to 8th/9th class -
the students being 14 or below - the State
Government is bound to provide free education
and as such bound to meet the total
expenditure of the schools to that extent.
The large majority of students, in the non-
government schools, being fourteen years of
age or below the contention of the State
based on financial constraints, is wholly
untenable. Therefore, the Supreme Court in
that case held that the High Court was right
in holding that the imposition of the maximum
limit for the disbursement of grants-in-aid
to the respondent aided schools was arbitrary
and unjustified in the facts of the said
case.
The learned counsel for the petitioners
submits that when the scheme is being
continued by the Central Government and the
services of the special teachers are needed,
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there was no reason for the Director of
Education to withdraw the approvals to the
services of the petitioners. In support of
this contention, the learned counsel
appearing for the petitioners pressed into
service exposition of law in the case of
State of Maharashtra Vs. Sant Dnyaneshwar
Shikshan Shastra Mahavidyalaya & Ors. and in
particular para 74 and 75 thereof. The
learned counsel also invited our attention to
the judgment of the Full Bench of the Bombay
High Court in the case of St.Ulai High School
and another Vs. Devendraprasad Jagannath
Singh and another3 particularly to para 10 of
the said judgment. It is submitted that grant
of approval by the Education Officer is not a
condition precedent to a valid order of
appointment. Approvals relate to disbursement
of grant-in-aid by the State to the
management and want of approval will not
invalidate an order of appointment. The 3 2007 (1) Mh.L.J. 597
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learned counsel appearing for the petitioner
also invited our attention to the guidelines
of IEDSS.
8. The learned AGP appearing for the
respondent State/State Authorities submits
that the respondents have filed affidavit-in-
reply in Writ Petition No.888/2016
(Hafijoddin s/o. Hasnoddin Shaikh Vs. The
Union of India and others) and the same reply
of the respondent no.3 is adopted in all Writ
Petitions which are being heard.
9. It is further submitted that the
prayers of the petitioners are not tenable in
view of the letter of Government of
Maharashtra dated 07.07.2015 for issuing
directions of closing down the units under
the Integrated Education. The above decision
was necessitated because scheme of unit
system under IEDSS was proved insufficient to
educate all the needy children, 43569
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identified in the academic year 2015-16. The
old system was capable of educating only 9069
needy children. The Human Resources
Department of Government of India, therefore,
took a decision to revise the scheme as
detailed in para 9 of the Government letter
dated 07.07.2015. It is submitted that it is
mentioned in the guidelines published in
December 2014 by the Central Human Resources
Development Ministry that henceforth
appointment of the special teachers should be
made on the block level or cluster level and
such special teacher should go to the such
block/cluster level school and teach the
disabled students of that category and this
scheme should be implemented under the Sarva
Shikshan Abhiyan scheme as per the integrated
Disabled Education Scheme.
10. It is submitted that in a State wise
Survey held in 25 and 26th December, 2013, it
is found that there are so many discrepancies
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in appointment of the special teachers and
running in the said units. Hence, the State
Government has decided to cancel the
permissions given to such units and also to
cancel the approvals granted to the teachers
appointed under IEDSS scheme. It is submitted
that the letter dated 29.12.2015, which has
been issued by the respondents and impugned
in this Petition has been issued in view of
the directions given in Government letter
dated 07.07.2015 to respondent no.3 in this
petition.
11. It is submitted that vide Government
Resolution dated 02.12.2014, the scheme which
was supervised and controlled by the
Directorate of Primary Education came to be
handed over to Rashtriya Madhyamik Shiksha
Abhiyan from the date of issuance of this
Government Resolution is from 02.12.2014. The
petitioners have failed to make a party to
the Rashtriya Madhyamik Shiksha Abhiyan as
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party respondent. Therefore, petitions are
hit by principles of non-joinder of necessary
parties, and therefore, the same are liable
to be dismissed on this ground alone. It is
submitted that the High Court in Writ
Petition No.452/2015 (Abhijit Kishor Patil
Vs. The Union of India and orders) decided on
16/30.10.2015 upheld the validity and
legality of the Government letter dated
07.07.2015 by which the said scheme came to
be closed down. It is submitted that the
action of State Government in closing down
the scheme has attained finality, and
therefore, challenge to the letter dated
29.12.2015, which has been issued by
respondent no.3 no more survive, and
therefore, the said prayers of the
petitioners have become infructuous. The
learned AGP for the State invited our
attention to the judgment of the Division
Bench in the case of Abhijit Kishor Patil Vs.
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The Union of India and others in Writ
Petition No.452/2015 and submits that the
issue raised in the present Petitions are
gone into by this Court and the said
Petitions were dismissed, and therefore, the
present petitions also deserve to be
dismissed.
12. We have considered the submissions
of the learned counsel appearing for the
respective petitioners, learned AGP appearing
for the respondent - State and the learned
counsel appearing for the respective
respondents at length. With their able
assistance, perused the pleadings in the
petition, grounds taken therein and annexures
thereto, affidavit-in-reply filed by the
State Government, also judgments cited across
the Bar and the judgment in the case of
Abhijit Kishor Patil and others Vs. The Union
of India and others in Writ Petition No.
452/2015 along with connected Writ Petitions
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decided on 30.10.2015. At the outset, it
needs to be clarified that, the present
petitions take exception to the impugned
orders by which approvals granted to the
services of the petitioners have been
withdrawn. However, in Writ Petition No.
452/2015 along with connected Writ Petitions,
wherein relief prayed by the petitioners
therein was for declaring them surplus or for
absorbing them in some other aided school.
In case of those petitioners, their services
were terminated, and in view of the
conditions stipulated in the appointment
letters that their services shall be governed
by the MEPS Act and Rules, the Division Bench
of this Court held that, in case of
termination of services of the petitioners
therein, they can approach the School
Tribunal. In that case, this Court did not
accept the prayers of the petitioners therein
for issuing directions to the respondents to
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absorb/declare the petitioners therein, as
surplus teachers, nevertheless it was
observed that the period for which the
petitioners have rendered services, they are
entitled for the salary, and accordingly, the
respondents were directed to pay arrears
towards salary. It would be gainful to
reproduce herein below para 34 and 35 from
the said judgment in the case of Abhijit
Kishor Patil and others (supra):
34. Though we are not inclined to
issue mandatory directions to the
respondents State, nevertheless for the period for which the petitioners have rendered services, they are
entitled for the salary. The Deputy Director of Education, Nashik Division, Nashik, is directed to
consider the said aspect, either to pay salary from the Public Exchequer, or to ask the concerned Institution to pay the salary, if the petitioners' services are continued after withdrawing the unit. We are aware that, the
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petitioners have worked for couple of years, and by virtue of rendering
services, they have gained experience of teaching / working. It has come on record that, there
are in 1185 teachers and 72 attendants though mostly appointed by the private institutions. The
State Government can frame the
scheme as a one time measure / solution, so as to address the
grievances of the petitioners, and other similarly situated teachers and attendants, in the light of the
observations of the Hon'ble Supreme
Court in para 53 of the Judgment in the case of Secretary, State of Karnataka and others V/s. Umadevi
(3) and others4 which reads thus:-
"53. One aspect needs to be clarified. There may be cases
where irregular appointments (not illegal appointments) as explained in S.V. Narayanappa, (supra), R.N.Nanjundappa (supra), and B.N.Nagarajan (supra), and referred to in 4 (2006) 4 SCC 1
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paragraph 15 above, of duly qualified persons in duly
sanctioned vacant posts might have been made and the employees have continued to
work for ten years or more but without the intervention of orders of courts or of
ig tribunals. The question of regularization of the services of such employees may have to
be considered on merits in the light of the principles settled by this Court in the cases
abovereferred to and in the
light of this judgment. In that context, the Union of India, the State Governments and their
instrumentalities should take steps to regularize as a one time measure, the services of such irregularly appointed, who
have worked for ten years or more in duly sanctioned posts but not under cover of orders of courts or of tribunals and should further ensure that regular recruitments are
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undertaken to fill those vacant sanctioned posts that require
to be filled up, in cases where temporary employees or daily wagers are being now employed.
The process must be set in motion within six months from this date. We also clarify
ig that regularization, if any already made, but not sub judice, need not be reopened
based on this judgment, but there should be no further bypassing of the constitutional
requirement and regularizing or
making permanent, those not duly appointed as per the constitutional scheme."
35. In the light of the observations of the Hon'ble Supreme Court, it is possible for the State
Government to frame the scheme for redressal of the grievances of the petitioners, and other teachers and attendants as one time measure. It is also possible for the Government that, the petitioners and the other
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special teachers can be given appointment as block / cluster level
as per the new scheme. We hope and expect that, the State Government may take appropriate steps to
formulate the scheme as one time measure, and solve the problems faced by the petitioners and other
similarly situated teachers and the
attendants.
13. Therefore, the argument of the
learned AGP that the similar issue as arisen
in the present Writ Petitions, has been gone
into in the said Writ Petitions is not the
correct position. The Government of India
introduced Centrally Sponsored Scheme (CSS)
of 'Inclusive Education of the Disabled at
Secondary Stage (IEDSS)'. The copy of the
said scheme is placed on record by the
petitioners. The background and rationale has
been stated in clause 1 and the aims and
objectives has been stated in clause 2 of the
said scheme. It would be gainful to
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reproduce clause 2 and 3 herein below:
2. Aims and Objectives
The Centrally Sponsored IEDSS
Scheme aims to:
- enable all students with
disabilities completing eight years of ig elementary schooling an opportunity to complete four years of secondary schooling (classes IX
to XII) in an inclusive and enabling environment.
- provide educational opportunities and facilities to
students with disabilities in the general education system at the
secondary level (classes IX to XII).
- support the training of general school teachers to meet the needs of
children with disabilities at the secondary level.
The objectives of the scheme will be to ensure that
- Every child with disability
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will be identified at the secondary level and his educational need
assessed.
- Every student in need of aids
and appliances, assistive devices, will be provided the same
- All architectural barriers in schools are removed so that students
with disability have access to classrooms, laboratories, libraries
and toilets in the school
- Each student with disability
will be supplied learning material as per his/her requirement
- All general school teachers at the secondary level will be provided
basic training to teach students with disabilities within a period of three to five years.
- Students with disabilities will have access to support services like the appointment of special educators, establishment of resource rooms in every block.
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- Model schools are set up in every state to develop good
replicable practices in inclusive education.
3. Target Group
The scheme will cover all
children of age 14+ passing out of elementary schools and studying in
secondary stage in Government, local body and Government-aided schools,
with one or more disabilities as defined under the Persons with Disabilities Act (1995) and the
National Trust Act (1999) in the age
group 14+ to 18+ (classes IX to XII), namely . Blindness
. Low vision . Leprosy cured . Hearing impairment
. Locomotor disabilities . Mental retardation . Mental Illness . Autism . Cerebral Palsy
And may eventually cover (i)
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Speech impairment and (ii) Learning Disabilities, etc.
Girls with disabilities will receive special focus and efforts
would be made under the scheme to help them gain access to secondary schools, as also to information and
guidance for developing their
potential.
14. In the said scheme itself,
Appendix-III deals with appointments of
Special Teachers. The said Appendix-III reads
thus:
Appointments of Special Teachers
Any school where the number of
the children with disabilities is more than 5 should appoint one special educator. In accordance with
this ratio the requisite number of special teachers may be appointed in schools (or for a cluster of schools) for children requiring special teacher support on permanent basis. The same teachers will provide counseling to the parents,
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help in identifying the needs of children with disabilities and
resources therefore, participate in the assessment team, help in training programmes and in other
ways whenever necessary.
Qualifications of the Special
Teachers
(iv) Graduates with B.Ed. (Special Education) or B.Ed.
(general) with a 2 years Diploma in Special Education for classes IX & X.
(v) Post Graduates in relevant
subject with B.Ed. (Special Education) or B.Ed. (general) with a
2 years Diploma in Special Education for classes XI & XII.
(vi) Teachers with Qualifications in single disability
area will be encouraged to specialize in other disability areas to take care of wide range of diversities in a general school.
(vii) Prescribed qualifications
should be adhered to. In case
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qualified special teachers are not available, teachers with short
training courses recognized by the Rehabilitation Council of India (RCI) may be appointed with the
condition that they will complete the full course within three years of appointment. Special allowance
for these teachers will be
admissible only after completion of the full course.
Remuneration:
The salary of special teachers
will be as applicable to general
school teachers of the corresponding category in that State/UT. Considering the special type of
duties, these teachers will also be given a special allowance. The State Governments may recruit such teacher
for this purpose following the normal recruitment procedures.
Therefore, it is clear from the
reading of the aims and objectives of the
said scheme that, the entire scheme is framed
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keeping in view the interest of the students
with disabilities, the welfare of the
students with disabilities including
imparting proper education to them by
properly trained teachers/special teachers,
who have acquired skill in teaching such
children with disabilities. It is clearly
mentioned in the Appendix-III that the salary
of special teachers will be as applicable to
general school teachers of the corresponding
category in that State/UT. Considering the
special type of duties, these teachers will
also be given a special allowance. The State
Governments may recruit such teacher for this
purpose following the normal recruitment
procedures. Therefore, the scheme
contemplates the payment of salary of special
teachers applicable to general school
teachers of the corresponding category in
that State/UT. It further appears that it is
not in dispute that the said scheme is in
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force and being implemented by the Central
Government through the State Governments and
Union Territories. But the same scheme has
been now transferred to the National
Secondary Education Programme. As rightly
contended by the learned counsel appearing
for the petitioners that when the scheme is
in force and the special teachers are needed
for the said scheme, and when the petitioners
are fully qualified for the post, and even
the names of some of the petitioners have
been included in the list of 328 teachers,
which is also approved by the Central
Government, it is difficult to understand as
to why the Director of Education had taken
extreme step/action of issuing show cause
notices to the petitioners, and without
assigning any reasons to withdraw the
approvals granted to their services.
15. It further appears from the
documents placed on record that the
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Government of Maharashtra did issue
Government Resolution, and thereafter, the
Director of Education sanctioned/granted/
approved the units under which the
petitioners were appointed after following
the proper selection process as contended by
them and also their services have been
approved by the Deputy Director of Education.
As already observed, in case of some of the
petitioners, the proposals are pending and in
most of the cases, even the Deputy Director
of Education has granted permanent approvals
[lsok lkrR;]. The Director of Education i.e. respondent no.3 before issuing show cause
notices to the petitioners ought to have kept
in view and considered the following legal
issues / factual aspects and the implications
of granting approvals by the Deputy Director
of Education:
(i) When the permanent approvals are granted by the Deputy Director of
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Education to the appointments of some of the petitioners, who are placed in the
particular pay scale, and it is stated that, their services shall be governed by the provisions of the MEPS Act and Rules,
under which provisions the Director of Education, Maharashtra State, Pune is empowered to issue show cause notices,
asking the petitioners as to why the
approvals granted to their services, should not be withdrawn?
(ii) What prompted the Director of Education to issue such show cause notices when the scheme under which the
units are granted and the petitioners are
working, is not terminated by the Central Government and still the same scheme is being implemented and is in force?
(iii) Whether the Director of Education, without adherence to the
principles of natural justice and without hearing the petitioners, and in some cases even without issuing show cause notices and without assigning any reasons in the impugned orders, can withdraw the approvals granted in favour of the petitioners?
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(iv) When some of the petitioners are granted approvals after completion of
two years probation period, can those petitioners be asked to go home when they possess requisite qualifications and have
special qualifications to teach the physically disabled students and possess 4 to 7 years experience of teaching?
(v) ig When the Central Government has not terminated the scheme and the same is
being continued, was it proper on the part of the respondent State Authorities to withdraw the approvals granted to the services of the petitioners, without
assigning any reasons, and without
considering replies filed by the petitioners?
(vi) Whether the impugned order passed by the Director of Education is arbitrary exercise of powers inasmuch as
the same is issued by the said Authority without addressing the issue whether the said Authority possess such power, and if yes, whether the principles of natural justice have been followed before passing the impugned order which suffers from not assigning any reasons?
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(vii) Whether the impugned order is a
result of non application of mind and in colourable exercise of powers, inasmuch as the Director of Education has not
specifically adverted to the specific reply given by the petitioners to the show cause notice issued to them and the
impugned orders are passed without
assigning any reasons?
(viii) Can the Director of Education
withdraw the approvals when such authority itself has sanctioned the units and given approval to the said units and
is empowered to supervise and control the
subordinate authority i.e. the Deputy Director of Education, who has granted approvals whether such approvals can be
withdrawn contrary to the legal provisions and the provisions of MEPS Act and Rules?
(ix) Whether the withdrawal of approval by the Director of Education would mean in substance terminating the services of the petitioners?
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All these aforementioned issues
ought to have been taken into consideration /
addressed by the Director of Education before
issuing show cause notices to the
petitioners. Being an Officer of a welfare
state, it was not proper on the part of the
Director of Education to issue show cause
notices to the petitioners casually, without
proper application of mind on its part and in
particular when the scheme under which the
units are granted by the Director of
Education himself and is still in force and
not discontinued by the Central Government.
The Director of Education ought to have taken
into consideration all the aforementioned
aspects/issues,and thereafter, after adhering
to the principles of natural justice and
after going through the reply filed by each
of the petitioners, the Director of Education
ought to have proceeded to assign reasons in
respect of each petitioner.
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16. As already observed, the Director of
Education firstly should have addressed
whether he has power/jurisdiction to issue
show cause notices to the petitioners;
Secondly, the services of the petitioners are
governed by the certain conditions, which are
mentioned in their appointment orders, and
therefore, unless personal notices are given
to such affected employees mentioning
specific provision in law which enables the
said Authority to give such show cause
notice, and thereafter, seeking their
responses and after adverting to the reply
filed by them, to pass reasoned order.
However, in the present case, the Director of
Education has chosen to give show cause
notices to the petitioners through the
Headmaster.
17. As already observed, the Director of
Education has not mentioned any legal
provision under which he had undertaken the
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exercise to issue show cause notices and
withdraw the approvals.
18. In the light of the discussion in
foregoing paragraphs, we are convinced that,
in utter disregard to the principles of
natural justice, without application of mind
and by arbitrary exercise of powers, the
Director of Education has withdrawn the
approvals granted to the services of the
petitioners. On this ground alone, all the
Petitions deserve to be allowed, without
touching to the merits of the matter.
19. In that view of the matter, we do
not propose to examine the other aspects
which are agitated by the petitioners on
merits. In that view of the matter, we are
of the considered opinion that the impugned
orders appear to be result of arbitrary
exercise of powers and suffer from not
assigning reasons, deserve to be quashed and
1030.2016WP+.odt
set aside. Accordingly, the impugned orders
passed by the Director of Education,
withdrawing the approvals to the services of
the petitioners, stands quashed and set
aside. The approvals granted to the services
of the petitioners stands restored. Needless
to observe that, as a corollary of quashing
and setting aside the impugned orders
withdrawing the approvals, the petitioners
would be entitled for the salary for the
period for which they have rendered services
and will continue to draw salary, if they are
rendering services in the respective
institutions. Needless to observe that since
the approvals granted to the services of the
petitioners have been restored by this Court,
the respondents are directed to ensure that
the petitioners in whose cases the approvals
have been restored, and in whose cases the
approvals are pending consideration, should
be disbursed the arrears of salary due and
1030.2016WP+.odt
payable after verifying their record of
attendance, as expeditiously as possible,
however, within two months from today. We
make it clear that respondent nos.2 to 4 in
Writ Petition No.1030/2016 will be held
responsible for implementation of directions
issued herein before including disbursement
of the amount towards salary.
20. The Rule is made absolute to above
extent. The Writ Petitions stand disposed of
accordingly. Civil Applications, if any,
stands disposed of.
Sd/- Sd/-
[P.R.BORA] [S.S.SHINDE]
JUDGE JUDGE
At this stage, the learned AGP
appearing for the State Authorities prays for
stay to the effect and implementation of the
judgment and order for a period of three
weeks from today.
1030.2016WP+.odt
2. The learned respective counsel
appearing for the petitioners submit that the
petitioners are not getting the salary,
though they have rendered the services due to
withdrawal of the approvals by the Director
of Education, Pune, therefore, this Court may
not entertain the prayer of the learned AGP
to stay the effect and implementation of the
judgment and order pronounced today.
3. In view of the finding recorded by
us that the orders, impugned in the present
petitions, was an arbitrary exercise of
powers by the concern authority which has
resulted in unlawfully depriving the large
number of teachers from their jobs, we
decline to accept the prayer so made by the
learned AGP.
Sd/- Sd/-
[P.R.BORA] [S.S.SHINDE]
JUDGE JUDGE
DDC
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