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Bharti Shamsing Pardeshi vs Union Of India And Others
2016 Latest Caselaw 4926 Bom

Citation : 2016 Latest Caselaw 4926 Bom
Judgement Date : 25 August, 2016

Bombay High Court
Bharti Shamsing Pardeshi vs Union Of India And Others on 25 August, 2016
Bench: S.S. Shinde
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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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                                            21




                                                                         
                       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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                                        39




                                                                     
                       -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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                                          53




                                                                       
              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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                                           55




                                                                        
                                          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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                                        56




                                                                     
              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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                                        57




                                                                     
              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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                                           58




                                                                        
                       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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                                           59




                                                                        
              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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                                        60




                                                                     
              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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                                           61




                                                                        
              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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                                        62




                                                                     
              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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                                           63




                                                                        
              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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                                           64




                                                                        
              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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                                           66




                                                                        
              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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                                        67




                                                                     
              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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                                        68




                                                                     
              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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                                               69




                                                                            
                                
                              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

1030.2016WP+.odt

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

1030.2016WP+.odt

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

1030.2016WP+.odt

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

1030.2016WP+.odt

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

1030.2016WP+.odt

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.

1030.2016WP+.odt

- 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,

1030.2016WP+.odt

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 





                                                                     1030.2016WP+.odt





                                                                               

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

1030.2016WP+.odt

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?

1030.2016WP+.odt

(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?

1030.2016WP+.odt

(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

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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

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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.

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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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