Bombay High Court
Satish S/O Vishnuji Gaurkar And ... vs State Of Maharashtra Through Its ... on 17 June, 2016
Bench: B.P. Dharmadhikari
1 judg. 170616 wp 6606.15 and others.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
Writ Petition No.6606 of 2015
1] Kum. Sonal Govardhan Tiple,
age 26 years, Occ.-Service,
R/o.-Mahagaon (Kasba), Tahsil Darwha,
District Yeotmal,
2]
Umesh s/o Manikrao Dhaye,
age 32 years, Service, R/o.-Mahagaon (Kasba),
Tahsil Darwha, District Yeotmal.
3] Shram Sadhana Vikas Mandal
through its Secretary,
R/o.-Mahagaon (Kasba), Tahsil Darwha,
District Yeotmal.
4] Shahid Bhagatsingh Vidyalaya,
through its Head Master,
R/o.-Mahagaon (Kasba), Tahsil Darwha,
District Yeotmal. .... Petitioners
Versus
1] State of Maharashtra
through its Secretary,
Education Department,
Mantralaya, Mumbai-32.
::: Uploaded on - 21/06/2016 ::: Downloaded on - 21/06/2016 23:58:39 :::
2 judg. 170616 wp 6606.15 and others.odt
2] The Deputy Director of Education,
Amravati Division, Amravati
3] The Education Officer (Secondary),
Zilla Parishad, Yeotmal. .... Respondents.
Shri Anand Parchure, Advocate for petitioners
Smt. P.D. Rane, AGP for resp.nos.1 to 3.
With
Writ Petition No.6607 of 2015
1] Gajanan Anyaji Bodhane,
age 38 years, Occ.-Service,
R/o.-C/o. Ashok Ramchandra Iname,
Pragati Nagar, Ward No.3, Wani, Tahsil Wani,
District Yavatmal.
2] Vijay Yashwantrao Kamble,
age 34 years, Occ.-Service,
R/o.-At Post Mardi, Tahsil Maregaon,
District Yavatmal.
3] Shikshan Prasarak Samiti, Wani,
through its Secretary and Acting President,
Wani, Taluka Wani, District Yavatmal.
4] Adarsha High School, Wani,
through its Head Master,
Talav Road, Wani, Taluka Wani,
District Yavatmal. .... Petitioners
3 judg. 170616 wp 6606.15 and others.odt
Versus
1] State of Maharashtra
through its Secretary,
Education Department,
Mantralaya, Mumbai-32.
2] Deputy Director of Education,
Amravati Division, Amravati
3]
Education Officer (Secondary),
Zilla Parishad, Yavatmal. .... Respondents.
Shri Anand Parchure, Advocate for petitioners.
Smt. P.D. Rane, AGP for resp.nos.1 to 3.
With
Writ Petition No.6608 of 2015
1] Satish Vishnuji Gaurkar,
age 26 years, Occ.-Service,
R/o.-Laxmi Nagar, Nandepera Road,
Ward No.1, Wani, Tahsil Wani,
District Yavatmal.
2] Kum. Vaishali d/o Waman Mowade,
age 24 years, Occ.-Service,
R/o.-Near State Bank Colony, Tukum,
Chandrapur, Tahsil Chandrapur,
District Chandrapur.
4 judg. 170616 wp 6606.15 and others.odt
3] Kisan Shikshan Prasarak Samiti, Vegaon,
through its President, Taluka Maregaon,
District Yavatmal.
4] Shri Jaganath Maharaj Vidyalaya, Vegaon,
through its Head Master, Vegaon,
Taluka Maregaon, District Yavatmal. .... Petitioners
Versus
1]
State of Maharashtra
through its Secretary,
Education Department,
Mantralaya, Mumbai-32.
2] Deputy Director of Education,
Amravati Division, Amravati
3] Education Officer (Secondary),
Zilla Parishad, Yavatmal. .... Respondents.
Shri Anand Parchure, Advocate for petitioners.
Smt. P.D. Rane, AGP for resp.nos.1 to 3.
With
Writ Petition No.6609 of 2015
1] Ravi Shaligram Mehar,
age 30 years, Occ.-Service,
R/o.-Vasant Nagar, Ghatanji,
Tahsil Ghatanji, District Yavatmal
5 judg. 170616 wp 6606.15 and others.odt
2] Shikshan Prasarak Mandal, Borgaon,
through its President,
Borgaon, Taluka Aarni, District Yavatmal.
3] Shikshan Prasarak Mandal Vidyalaya,
through its Head Master, Borgaon,
Taluka Aarni, District Yavatmal. .... Petitioners
Versus
1]
State of Maharashtra
through its Secretary,
Education Department,
Mantralaya, Mumbai-32.
2] Deputy Director of Education,
Amravati Division, Amravati
3] Education Officer (Secondary),
Zilla Parishad, Yavatmal. .... Respondents.
Shri Anand Parchure, Advocate for petitioners.
Smt. P.D. Rane, AGP for resp.nos.1 to 3.
With
Writ Petition No.6610 of 2015
1] Pravin Madhavrao Tagalpallewar,
age 36 years, Occ.-Service,
R/o.-Raviraj Park, Shrirampur, Tahsil Pusad,
District Yavatmal
6 judg. 170616 wp 6606.15 and others.odt
2] Gunvantrao Upakhya Annasaheb Deshmukh
Charitable Trust, Tlq. Pusad, District Yavatmal.
3] Gunwantrao Deshmukh Madhyamik Vidyalaya,
through its Head Master Kawadipur (Tanda),
Tlq. Pusad, Dist. Yavatmal. .... Petitioners
Versus
1] State of Maharashtra
through its Secretary,
Education Department,
Mantralaya, Mumbai-32.
2] Deputy Director of Education,
Amravati Division, Amravati
3] Education Officer (Secondary),
Zilla Parishad, Yavatmal. .... Respondents.
Shri Anand Parchure, Advocate for petitioners.
Smt. P.D. Rane, AGP for resp.nos.1 to 3.
With
Writ Petition No.6611 of 2015
1] Nilesh Tukaram Raut,
age 26 years, Occ.-Service,
R/o.-At post Aanji (Nru), Taluka Ghatanji,
District Yavatmal.
7 judg. 170616 wp 6606.15 and others.odt
2] Sudhir Dewaji Dhande
age 29 years, Occ.-Service,
R/o.-Bawane Layout, Warora, Taluka Warora,
District Chandrapur.
3] Ku. Mrunal Madhukarrao Jaltare,
age 41 years, Occ.-Service,
R/o.- C/o.-Prashant Kurlkarni,
Narsigh Vihar Apartment, Prajapati Nagar,
Aarni Road, Yavatmal, District Yavatmal.
4] Shri Samarth Shikshan Mandal, Ghatanji,
through its Secretary, Ghatanji,
Taluka Ghatanji, District Yavatmal.
5] Shri Samarth Vidyalaya, Ghatanji,
through its Head Master, Ghatanji,
Taluka Ghatanji, District Yavatmal. .... Petitioners
Versus
1] State of Maharashtra
through its Secretary,
Education Department,
Mantralaya, Mumbai-32.
2] The Deputy Director of Education,
Amravati Division, Amravati
3] The Education Officer (Secondary),
Zilla Parishad, Yeotmal. .... Respondents.
8 judg. 170616 wp 6606.15 and others.odt
Shri Anand Parchure, Advocate for petitioners.
Smt. P.D. Rane, AGP for resp.nos.1 to 3.
With
Writ Petition No.6612 of 2015
1] Kum Kanchan Shankarrao Moon,
age 34 years, Occ.-Service,
R/o.-C/o.- Prafull Nagorao Sathe,
Radhakrushna Nagar, Jam Road,
Wadgaon, District Yavatmal.
2] Rupesh Ganeshrao Lokhande,
age 29 years, Occ.-Service,
R/o.-C/o.-Ganesh Shankarrao Lokhande,
Ganesh Nagar, Vitthal Wadi Road,
Near Punjabrao Deshmukh School,
Yavatmal, Tahsil Yavatmal, District Yavatmal.
3] Shree Santaji Shikshan Prasarak Mandal,
through its President, Yavatmal, Taluka Yavatmal,
District Yavatmal.
4] Shree Narayanrao Makde High School,
through its Head Master, Sankatmochan Road,
Navin Umarsara, Yavatmal, Taluka Yavatmal,
District Yavatmal. .... Petitioners
Versus
9 judg. 170616 wp 6606.15 and others.odt
1] State of Maharashtra
through its Secretary,
Education Department,
Mantralaya, Mumbai-32.
2] Deputy Director of Education,
Amravati Division, Amravati
3] Education Officer (Secondary),
Zilla Parishad, Yavatmal. .... Respondents.
Shri Anand Parchure, Advocate for petitioners.
Smt. P.D. Rane, AGP for resp.nos.1 to 3.
With
Writ Petition No.6613 of 2015
1] Vijay Kawaduji Rathod,
age 34 years, Occ.-Service,
R/o.-at Kinhala, Post Metikheda, Taluka Kalamb,
Distt. Yavatmal
2] Ku. Shobhana Utttamrao Kadam,
age 29 years, Occ.-Service,
R/o.-C/o.-Mahesh D. Bhende,
Opposite Jain Mandir, Darwha,
Taluka Darwha, District Yavatmal.
3] Ku. Gita Dhanraj Varghane,
age 27 years, Occ.- Service,
R/o.-C/o.-Yuvraj Golhar, Mahabali Nagar,
Aarni Road, Yavatmal, District Yavatmal.
10 judg. 170616 wp 6606.15 and others.odt
4] Umesh Uddhavrao Chandekar,
age 30 years, Occ.-Service,
R/o.-At Post Malkhed (Khurd),
Taluka Ner, District Yavatmal.
5] Shri Vasantrao Naik Shikshan Sanstha,
through its Secretary,
Vasant Nagar, Taluka Digras, District Yavatmal.
6] Vasantrao Naik Vidyalaya, Morath,
through its Head Master, Morath,
Taluka Mahagaon, District Yavatmal.
7] Vasantrao Naik Vidyalaya, Chikhli (Ramnath),
through its Head Master, Chikhli (Ramnath),
Taluka Darwha, District Yavatmal.
8] Vasantrao Naik Vidyalaya Varandali,
through its Head Master, Varandali,
Taluka Digras, District Yavatmal.
9] Vasantrao Naik Vidyalaya, Kali (Dau),
through its Head Master, Taluka Mahagaon,
District Yavatmal. .... Petitioners
Versus
1] State of Maharashtra
through its Secretary,
Education Department,
Mantralaya, Mumbai-32.
11 judg. 170616 wp 6606.15 and others.odt
2] The Deputy Director of Education,
Amravati Division, Amravati
3] The Education Officer (Secondary),
Zilla Parishad, Yeotmal. .... Respondents.
Shri Anand Parchure, Advocate for petitioners.
Smt. P.D. Rane, AGP for resp.nos.1 to 3.
With
ig Writ Petition No.6614 of 2015
1] Ku. Manisha Namdeorao Kadam,
age 32 years, Occ.-Service,
R/o.-Bitargaon (Bu), Tahsil Umarkhed,
District Yavatmal.
2] Ahilyadevi Holkar Smarak Sanstha, Pusad,
through its Secretary,
Taluka Pusad, District Yavatmal.
3] Vasantrao Naik Krushi Vidyalaya and
(Arts & Science) Higher Secondary Vidyalaya,
through its Head Master, Bitargaon,
Taluka Umarkhed, District Yavatmal. .... Petitioners
Versus
1] State of Maharashtra
through its Secretary,
Education Department,
Mantralaya, Mumbai-32.
12 judg. 170616 wp 6606.15 and others.odt
2] Deputy Director of Education,
Amravati Division, Amravati
3] Education Officer (Secondary),
Zilla Parishad, Yavatmal. .... Respondents.
Shri Anand Parchure, Advocate for petitioners.
Smt. P.D. Rane, AGP for resp.nos.1 to 3.
With
Writ Petition No.6615 of 2015
1] Ganesh Bapuji Tupekar,
age 33 years, Occ.-Service,
R/o.-At Post Adgaon, Taluka Pusad,
District Yavatmal.
2] Rashtriya Shikshan Prasarak Mandal,
Pusad, through its Secretary, Pusad,
Taluka Pusad, District Yavatmal
3] Rashtriya Vidyalaya, Adgaon,
through its Head Master, Adgaon,
Taluka Pusad, District Yavatmal. .... Petitioners
Versus
1] State of Maharashtra
through its Secretary,
Education Department,
Mantralaya, Mumbai-32.
13 judg. 170616 wp 6606.15 and others.odt
2] Deputy Director of Education,
Amravati Division, Amravati
3] Education Officer (Secondary),
Zilla Parishad, Yavatmal. .... Respondents.
Shri Anand Parchure, Advocate for petitioners.
Smt. P.D. Rane, AGP for resp.nos.1 to 3.
With
ig Writ Petition No.6616 of 2015
1] Nilesh Dewaji Bandurkar,
age 35 years, Occ.-Service,
R/o.-Killa Ward, Bangali Camp Road,
Bhadrawati, Taluka Bhadrawati,
District Chandrapur.
2] Shri Shivray Education Society, Wani,
through its President, Taluka Wani,
District Yavatmal.
3] Vivekanand Vidyalaya, Nared,
through its Head Master, Nared,
Taluka Wani, District Yavatmal. .... Petitioners
Versus
1] State of Maharashtra
through its Secretary,
Education Department,
Mantralaya, Mumbai-32.
14 judg. 170616 wp 6606.15 and others.odt
2] Deputy Director of Education,
Amravati Division, Amravati
3] Education Officer (Secondary),
Zilla Parishad, Yavatmal. .... Respondents.
Shri Anand Parchure, Advocate for petitioners.
Smt. P.D. Rane, AGP for resp.nos.1 to 3.
With
Writ Petition No.6617 of 2015
1] Nitin Damodhar Ambedwar,
age 33 years, Occ.-Service,
R/o.-Antargaon, Tahsil Relegaon,
District Yavatmal.
2] Amol Shivaji Sherki,
age 28 years, Occ.- Service,
R/o.- Gadchandur, Tahsil Korpan,
District Chandrapur.
3] Gadge Maharaj Education Society,
through its President, Antargaon,
Taluka Ralegaon, District Yavatmal.
4] Gadge Maharaj Vidyalaya,
through its Head Master, Antargaon,
Taluka Ralegaon, District Yavatmal .... Petitioners
Versus
15 judg. 170616 wp 6606.15 and others.odt
1] State of Maharashtra
through its Secretary,
Education Department,
Mantralaya, Mumbai-32.
2] Deputy Director of Education,
Amravati Division, Amravati
3] Education Officer (Secondary),
Zilla Parishad, Yavatmal. .... Respondents.
Shri Anand Parchure, Advocate for petitioners.
Smt. P.D. Rane, AGP for resp.nos.1 to 3.
With
Writ Petition No.6618 of 2015
1] Pradipkumar Rajanna Laxttiwar,
age 34 years, Occ.-Service,
R/o.-At Post Satpalli, Taluka Zari (Jamni),
District Yavatmal.
2] Parwa Shikshan Sanstha, Parwa,
through its Secretary, Parwa,
Taluka Ghatanji, District Yavatmal.
3] Babasaheb Deshmukh Vidyalay, Pahapal,
through its Head Master, Pahapal,
Taluka Kelapur, District Yavatmal. .... Petitioners
Versus
16 judg. 170616 wp 6606.15 and others.odt
1] State of Maharashtra
through its Secretary,
Education Department,
Mantralaya, Mumbai-32.
2] Deputy Director of Education,
Amravati Division, Amravati
3] Education Officer (Secondary),
Zilla Parishad, Yavatmal. .... Respondents.
Shri Anand Parchure, Advocate for petitioners.
Smt. P.D. Rane, AGP for resp.nos.1 to 3.
With
Writ Petition No.6619 of 2015
1] Vinod Sitaramji Tayde,
age 33 years, Occ.-Service,
R/o.-Ladkhed, Taluka Darwha,
District Yavatmal.
2] New Education Society, Ralegaon,
through its Secretary, Ralegaon,
District Yavatmal.
3] New English High School & Junior College,
through its Head Master, Ralegaon,
District Yavatmal. .... Petitioners
Versus
17 judg. 170616 wp 6606.15 and others.odt
1] State of Maharashtra
through its Secretary,
Education Department,
Mantralaya, Mumbai-32.
2] Deputy Director of Education,
Amravati Division, Amravati
3] Education Officer (Secondary),
Zilla Parishad, Yavatmal. .... Respondents.
Shri Anand Parchure, Advocate for petitioners.
Smt. P.D. Rane, AGP for resp.nos.1 to 3.
With
Writ Petition No.6620 of 2015
1] Ravishankar Namdeo Rangankar,
age 29 years, Occ.-Service,
R/o.-Balaji Nagar (Krushi Colony),
Subhash Ward, Warora, District Chandrapur.
2] Panchashil Shikshan Prasarak Samiti,
Nandepera, through its President, Nandepera,
Taluka Wani, District Yavatmal
3] Panchashil High School, Nandepera,
through its Head Master, Nandepera,
Taluka Wani, District Yavatmal. .... Petitioners
Versus
18 judg. 170616 wp 6606.15 and others.odt
1] State of Maharashtra
through its Secretary,
Education Department,
Mantralaya, Mumbai-32.
2] Deputy Director of Education,
Amravati Division, Amravati
3] Education Officer (Secondary),
Zilla Parishad, Yavatmal. .... Respondents.
Shri Anand Parchure, Advocate for petitioners.
Smt. P.D. Rane, AGP for resp.nos.1 to 3.
With
Writ Petition No.6621 of 2015
1] Bhupesh Maroti Raut,
age 34 years, Occ.-Service,
R/o.-At Devdhari, post at Parwa,
Taluka Ghatanji, District Yavatmal.
2] Parwa Shikshan Sanstha, Parwa,
through its Secretary, Parwa,
Taluka Ghatanji, District Yavatmal.
3] Babasaheb Deshmukh Vidyalaya, Parwa,
through its Head Master, Parwa,
Taluka Ghatanji, District Yavatmal. .... Petitioners
Versus
19 judg. 170616 wp 6606.15 and others.odt
1] State of Maharashtra
through its Secretary,
Education Department,
Mantralaya, Mumbai-32.
2] Deputy Director of Education,
Amravati Division, Amravati
3] Education Officer (Secondary),
Zilla Parishad, Yavatmal. .... Respondents.
Shri Anand Parchure, Advocate for petitioners.
Smt. P.D. Rane, AGP for resp.nos.1 to 3.
With
Writ Petition No.6622 of 2015
1] Kum. Madhuri Shashikant Kale,
age 28 years, Occ.-Service,
R/o.-C/o.-Shri Chandrashekhar Aaglawe,
25 Chatrapati Nagar, Behind Sandeep Mangalam,
Yavatmal, District Yavatmal.
2] Yogendra Tulshiram Nagrale,
Age 34 years, Occ.-Service,
R/o.-Pandhurna (Bu.),
Taluka Ghatanji, District Yavatmal.
3] Ku. Pragati Manohar Kharate,
Aged 32 years, Occ.- Service,
R/o.- Sainath Society, Wadgaon Road,
Yavatmal, District Yavatmal.
20 judg. 170616 wp 6606.15 and others.odt
4] Shivshakti Shikshan Sanstha,
through its Secretary Manager,
R/o.- Kota (Veni), Tahsil Kalamb, District Yavtmal.
5] Shivshakti Madhyamaik Vidyalaya, Kalamb,
through its Head Master, Kalamb,
Tahsil Kalamb, District Yavatmal.
6] Shivshakti Vidyalaya Kotha (Veni),
thorough its Head Master, Tahsil Kalamb,
District Yavatmal. .... Petitioners
Versus
1] State of Maharashtra
through its Secretary,
Education Department,
Mantralaya, Mumbai-32.
2] The Deputy Director of Education,
Amravati Division, Amravati
3] The Education Officer (Secondary),
Zilla Parishad, Yeotmal. .... Respondents.
Shri Anand Parchure, Advocate for petitioners.
Smt. P.D. Rane, AGP for resp.nos.1 to 3.
With
21 judg. 170616 wp 6606.15 and others.odt
Writ Petition No.6623 of 2015
1] Vishal Rameshrao Dhole,
age 33 years, Occ.-Service,
R/o.-Gurudev Nagar, Digras, Taluka Digras,
District Yavatmal.
2] D.V.S.P. Mandal, Digras
(Digras Vibhagiya Shikshan Prasarak Mandal), Digras,
through is President,
Taluka Digras, District Yavatmal.
3] D.V.S.P.M. High School, Kalgaon,
through tis Head Master, Kalgaon,
Taluka Digras, District Yavatmal. .... Petitioners
Versus
1] State of Maharashtra
through its Secretary,
Education Department,
Mantralaya, Mumbai-32.
2] Deputy Director of Education,
Amravati Division, Amravati
3] Education Officer (Secondary),
Zilla Parishad, Yavatmal. .... Respondents.
Shri Anand Parchure, Advocate for petitioners.
Smt. P.D. Rane, AGP for resp.nos.1 to 3.
22 judg. 170616 wp 6606.15 and others.odt
With
Writ Petition No.6624 of 2015
1] Sachin Narendra Sawai,
age 30 years, Occ.-Service,
R/o.-Ram Nagar, Bhandari Lay-out,
Pusad, Tahsil Pusad, District Yavatmal.
2] Sati Samat Bahudeshshiya Shikshan Sanstha,
Ganeshpur, through its President,
Taluka Pusad, District Yavatmal.
3] Manoharrao Naik Vidyalaya Pardi (Ni),
through its Head Master, Taluka Pusad,
District Yavatmal. .... Petitioners
Versus
1] State of Maharashtra
through its Secretary,
Education Department,
Mantralaya, Mumbai-32.
2] Deputy Director of Education,
Amravati Division, Amravati
3] Education Officer (Secondary),
Zilla Parishad, Yavatmal. .... Respondents.
Shri Anand Parchure, Advocate for petitioners.
Smt. P.D. Rane, AGP for resp.nos.1 to 3.
23 judg. 170616 wp 6606.15 and others.odt
With
Writ Petition No.6625 of 2015
1] Ravindra Pundlikrao Kumare,
age 34 years, Occ.-Service,
R/o.-Chikhalwardha, Tahsil Ghatanji,
District Yavatmal.
2] Jagdamba Shikshan Sanstha,
Sayatkharda, through its President, Sayatkharda,
Tahsil Ghatanji, District Yavatmal.
3] Jagdamba Vidyalaya, Sayatkharda
through its Head Master, Sayatkharda,
Tahsil Ghatanji, District Yavatmal. .... Petitioners
Versus
1] State of Maharashtra
through its Secretary,
Education Department,
Mantralaya, Mumbai-32.
2] Deputy Director of Education,
Amravati Division, Amravati
3] Education Officer (Secondary),
Zilla Parishad, Yavatmal. .... Respondents.
Shri Anand Parchure, Advocate for petitioners.
Smt. P.D. Rane, AGP for resp.nos.1 to 3.
24 judg. 170616 wp 6606.15 and others.odt
With
Writ Petition No.6626 of 2015
1] Sandip Trymbakrao Dasarwar,
age 35 years, Occ.-Service,
R/o.-C/o.-Ramesh Yerne, Pragati Nagar,
Near Dr. Khade's House, Wani,
Taluka Wani, District Yavatmal.
2]
Jyoti Laxmanrao Rakhunde,
age 48 years, Occ.-Service,
R/o.-C/o.-Dipak Pimpalkar, Kolhe Layout,
Plot No.35, Behind Kolhe Hall,
Darwha Road, Yavatmal, District Yavatmal.
3] Aabasaheb Parwekar Vidyamandir Yavatmal,
through is President, Yavatmal, District Yavatmal.
4] Aabasaheb Parwekar Vidyalaya,
through its Head Master, Pobaru Layout,
Nagpur Road, Yavatmal, District Yavatmal. .... Petitioners
Versus
1] State of Maharashtra
through its Secretary,
Education Department,
Mantralaya, Mumbai-32.
2] The Deputy Director of Education,
Amravati Division, Amravati
25 judg. 170616 wp 6606.15 and others.odt
3] The Education Officer (Secondary),
Zilla Parishad, Yeotmal. .... Respondents.
Shri Anand Parchure, Advocate for petitioners.
Smt. P.D. Rane, AGP for resp.nos.1 to 3.
With
Writ Petition No.6627 of 2015
1] Mahesh Pundlik Kasture,
age 30 years, Occ.-Service,
R/o.-At Injala, Post Sakhara, Taluka Ghatanji,
District Yavatmal.
2] Nitin Sudhakar Thakare,
age 30 years, Occ.-Service,
R/o.- "Janai" Shastri Nagar, Ward No.04,
Taluka Aarni, District Yavatmal.
3] Ku. Nilima Diliprao Deshmukh,
age 30 years, Occ.- Service,
R/o.-C/o.-Pravin Shamrao Gawande,
Gandhi Nagar, Aarni, Taluka Aarni,
District Yavatmal.
4] Shri Datta Prasadik Shikshan Prasarak Mandal
Aarni, through its President, Aarni,
Taluka Aarni, District Yavatmal.
5] Shri M.D. Bharti Madhyamik Va Uccha Madhyamik
Vidyalay, through its Head Master, Aarni,
Taluka Aarni, District Yavatmal.
26 judg. 170616 wp 6606.15 and others.odt
6] Shri M.D. Bharti Madhyamik Va Uccha Madhyamik
Kanyashala, Aarni, through its Head Master, Aarni,
Taluka Aarni, District Yavatmal.
7] Shri M.D. Bharti Vidyalaya,
through its Head Master,
Gandhi Nagar, Aarni, Taluka Aarni,
District Yavatmal. .... Petitioners
Versus
1] State of Maharashtra
through its Secretary,
Education Department,
Mantralaya, Mumbai-32.
2] The Deputy Director of Education,
Amravati Division, Amravati
3] The Education Officer (Secondary),
Zilla Parishad, Yeotmal. .... Respondents.
Shri Anand Parchure, Advocate for petitioners.
Smt. P.D. Rane, AGP for resp.nos.1 to 3.
With
Writ Petition No.6628 of 2015
1] Mohd. Wahid Abdul Rauf,
age 39 years, Occ.-Service,
R/o.-Opposite Diwan Gate,
Near Bang Hospital, Digras, Taluka Digras,
District Yavatmal.
27 judg. 170616 wp 6606.15 and others.odt
2] Ku. Sapna Prakash Rainchwar,
age 35 years, Occ.-Service,
R/o.-Aashish Niwas,
C/o.-Aashish Bhanudas Duddalwar,
Near Co-operative Bank,
Tahasil Chowk, Bapu Nagar, Digras,
Taluka Digras, District Yavatmal.
3] Kanyaka Education Society, Digras,
through its Secretary, Digras,
Taluka Digras, District Yavatmal.
4] R.F. Mehta Rashtriya Vidyalaya &
R.A. Duddlawar High School,
through its Head Master, Digras,
Taluka Digras, District Yavatmal. .... Petitioners.
Versus
1] State of Maharashtra
through its Secretary,
Education Department,
Mantralaya, Mumbai-32.
2] The Deputy Director of Education,
Amravati Division, Amravati
3] The Education Officer (Secondary),
Zilla Parishad, Yeotmal. .... Respondents.
Shri Anand Parchure, Advocate for petitioners.
Smt. P.D. Rane, AGP for resp.nos.1 to 3.
28 judg. 170616 wp 6606.15 and others.odt
With
Writ Petition No.165 of 2016
1] Magaswargiya Lokhit Shikshan
Prasarak Mandal, Pusad,
through its Secretary, Pusad, District Yavatmal.
2] Matoshri Ramabai Ambedkar Kanya
Shala Va Kanishtha Mahavidyalaya,
Arni Road, Yavatmal,
through its Headmistress,
3] Shweta Omprakash Dighade,
aged about 31 years,
4] Ku. Sonali Dilipkumar Bora,
aged about 31 years,
5] Miss Sonali Wamanrao Shrirao,
aged about 28 years,
Petitioner nos 3 to 5 are
R/o.-C/o.-Matoshri Ramabai Ambedkar Kanya
Shala Va Kanishtha Mahavidyalaya,
Arni Road, Yavatmal. .... Petitioners
Versus
1] State of Maharashtra
through its Secretary,
Department of Education and Sports,
Mantralaya, Mumbai-32.
29 judg. 170616 wp 6606.15 and others.odt
2] Education Officer (Sec.),
Zilla Parishad, Yavatmal. .... Respondents.
Shri Anand Parchure, Advocate for petitioners
Smt. A.R. Kulkarni, AGP for resp.nos.1 and 2.
With
Writ Petition No.232 of 2016
1]
Women's Education Society, Yavatmal,
through its Secretary, District Yavatmal
2] Abhyankar Kanya Shala Va Kanishtha
Mahavidyalaya, Arni Road, Yavatmal,
through its Headmistress.
3] Aditya Dilip Sarmokadam,
aged about 33 years,
4] Nikhil Narayan Tharkar,
aged about 34 years,
5] Varsha Prakash Baid,
aged about 37 years,
Petitioner nos 3 to 5 are
R/o.-C/o.-Abhyankar Kanya Shala
Va Kanishtha Mahavidyalaya,
Arni Road, Yavatmal. .... Petitioners
Versus
30 judg. 170616 wp 6606.15 and others.odt
1] State of Maharashtra
through its Secretary,
Department of Education and Sports,
Mantralaya, Mumbai-32.
2] Education Officer (Sec.),
Zilla Parishad, Yavatmal. .... Respondents.
Shri Anand Parchure, Advocate for petitioners
Shri S.B. Bissa, AGP for resp.nos.1 and 2.
Coram : B.P. Dharmadhikari &
Kum. I.K. Jain, JJ.
th
Dated : 17
June, 2016.
ORAL JUDGMENT (Per- B.P. Dharmadhikari, J.)
Heard Shri Anand Parchure, learned Counsel for the
petitioners and Ms. P. Rane, Ms. A.R. Kulkarni and Shri S.B.
Bissa, learned A.G.Ps. for respondents.
2] Petitioners are from Yavatmal District and employees of
various private management. They have been given
employment as Shikshan Sevaks up to June, 2014.
Petitioners in Writ Petition No.6612 of 2015 did file a Pursis St.
No.6425 of 2016 to withdraw the petition but later on has
chosen to press their challenge.
31 judg. 170616 wp 6606.15 and others.odt
3] Petitioners question the orders dated 18.11.2015,
20.11.2015 and 26.11.2015 passed by respondent no.3-Eduction
Officer canceling the approval given to their appointments
earlier.
4] Shri Parchure, learned Counsel invites our attention to
the impugned orders to show that the reason for cancellation
is- (1) gap of less than 15 days between the date of publication
of advertisement and date of interview and (2) non absorption
of surplus teachers. He contends that petitioners cannot be
blamed for any of these lacunae. He further argues that all
petitioners except in Writ Petition Nos. 165 and 232 of 2016
were given approval initially and that approval has been
cancelled by the impugned orders. The orders do not show
proper application of mind.
5] Learned A.G.Ps., appearing for respondents are relying
upon the reply affidavit filed by respondent nos. 2 and 3 in the
matter. They point out that the terms and conditions stipulated
in the communication dated 13.06.2014, were not satisfied, no
steps to absorb surplus teachers were taken; directly and
hurriedly direct recruitment was resorted to. According to
32 judg. 170616 wp 6606.15 and others.odt
them, in this situation, employment provided is not in
accordance with the mandate of Article 14 of the Constitution of
India, and therefore, approval given earlier has been cancelled.
6] It is further pointed out that at the relevant time an officer
from lower cadre was officiating as Education Officer, who
misused his position and power. Appropriate departmental
action has been initiated against him in the matter.
7] This Court has on 15.03.2016 passed the following
order :
" Learned AGP is seeking time to file
reply. Advocate Parchure, points out that
before appointments required prior
permission from Education Officer was
obtained and then recruitment as per law
has been undertaken. According to him,
thereafter approval has been questioned
on the ground that surplus teachers were
available. During hearing, it has become
clear that in a PIL this Court had directed
respondent no.1 to make operational a
website which can be used by surplus
teachers as also management. Advocate
Parchure submits that website was made
operational some time in the year 2014.
33 judg. 170616 wp 6606.15 and others.odt
In this situation, we direct
respondents to file their reply pointing out
[1] how the said website was used while
granting permission to petitioner to proceed
further with the recruitments & [2] the
procedure followed while permitting the
management to advertise the vacancy.
List after three weeks."
8] Shri Parchure, learned counsel submits that in PIL he is
appointed as Amicus to assist the Court. The PIL was before
this Court on 16.06.2016, and has been adjourned for one
week.
9] In PIL, compliance with the directions issued to provide
website where all vacancies, as also available surplus teacher
can be corelated, is being looked into. Here, though the
communication dated 13.06.2014 sent by the Deputy Secretary
of State of Maharashtra to Commissioner (Education)
stipulates that all surplus teachers must first be absorbed.
According to the impugned order and also looking to the reply,
such teachers have not been so absorbed. Perusal of the reply
affidavit shows that according to respondent nos. 2 and 3, as
per staff approval for academic Session 2012-13, 1 assistant
34 judg. 170616 wp 6606.15 and others.odt
teacher was surplus and is not absorbed till date. For
academic year 2013-14, there were 152 surplus teachers in
Yavatmal Districts and out of 152 surplus teachers, 105 surplus
teachers have been absorbed, while 67 are still waiting for
absorption. Obviously there is some arithmetical or factual
error some where.
10] Perusal of reply itself shows that on 09.05.2014, while
seeking leave to fill in the vacancies, the Deputy Director had
stated that there were no surplus teachers available to teach
English, Maths and Science in Yavatmal District. Permission
given on 13.06.2014 is in the light of this communication.
11] In the impugned order, there is no specific observation
that the surplus teachers to teach subjects for which petitioners
have been appointed as Shikshan Sevaks were/are available.
12] This Court has found that for absorption of surplus
teachers, there is no question of maintaining any District wise
list. A surplus teacher is paid his salary through public revenue
and he is getting it without work. As such he is, under law,
obliged to report at the place where ever the work is available
35 judg. 170616 wp 6606.15 and others.odt
in the State of Maharashtra. The direction given or the
impugned order does not point out whether in State of
Maharashtra, surplus teachers for subjects English and Maths
are not available. In PIL, this issue is also involved.
13] Here taking over all view of the matter we find that prima
facie petitioners cannot be blamed for the state of affairs. They
have responded to public advertisement, participated in the
selection process and were selected. Thereafter they have
started working. Though by the impugned order, approval
given to them has been cancelled, their management and
petitioners are before this Court. Shri Parchure, learned
counsel submits that in this situation, even in absence of any
interim orders of this Court, management have permitted
respective shikshan sevaks to work. We accept this position.
14] It is, therefore, apparent that the situation has been
deliberately created by the responsible officers working with
respondent no.1 as also respondent nos. 2 and 3. In Public
Interest Litigation, a statement was made that website would
become operational from March, 2015, but till date no such
website has been prepared. In the result, the officers permit
36 judg. 170616 wp 6606.15 and others.odt
recruitment to be made and the Managements recruit the new
employees. Public money continues to be spent on paying
salary to the surplus teachers who are happy to get it without
any work.
15] Any Teacher's organization or surplus teachers have no
reason to complain. May be few of them are working
elsewhere and earning more. The persons like the petitioners
who procure employment are given approval and thereafter it is
being recalled. This is second or third time that such
controversy is placed before us with same defence. We,
therefore, hold the officers of respondent nos.1, 2 and 3
responsible for loss of public revenue.
16] The impugned order nowhere expressly observes that,
for teaching those subjects for which the respective petitioners
have been given approval and permitted to work surplus
teachers are available. It was obligatory on part of respondent
no.3 to at least bring on record the fact that surplus teachers
to fill in those vacancies were always available.
37 judg. 170616 wp 6606.15 and others.odt
17] Our attention is drawn to the fact that, in Writ Petition
Nos.165 of 2016 and 232 of 2016, the petitioners have not been
given initial approval and hence, their prayer is to direct the
Education Officer to consider the proposals forwarded by their
Managements. In Writ Petition Nos. 6611 and 6620 of 2015,
the salary only for one month has been paid to the concerned
petitioners. In rest of the petitions no salary whatsoever has
been paid i.e from the date of employment till the date those
petitioners are working without any salary.
18] We, in this situation, quash and set aside the impugned
orders. We direct respondent no.2 to hold proper enquiry into
the matter to find out whether the petitioners and/or their
Managements have acted in collusion with the concerned
Education Officer against whom action has been initiated by
respondent no.1. The respondent no.2 shall also find out
whether the surplus teachers were available for filling in the
vacancies which are occupied by the petitioners. This exercise
shall be completed within a period of four weeks from today.
19] As the petitioners are continued in service, hence, we
permit them to continue accordingly. We direct the
38 judg. 170616 wp 6606.15 and others.odt
respondents to arrange to pay their salary of three months
immediately and in any case, within a period of one month from
today.
20] Respondent no.2 shall at the end of enquiry pass suitable
orders about grant or rejection of approval to the employment
of all the petitioners including the petitioners in Writ Petition
Nos. 165 of 2016 and 232 of 2016. The further continuation of
the petitioners in service shall depend upon the said decision.
Contingent upon the said approval, we also grant the
petitioners/employees liberty to claim their salary from their
respective Managements. If approval is granted, the
Management shall be free to claim reimbursement from the
Government. If the approval is not granted, the salary shall not
be reimbursed.
21] We also direct the respondents that hereinafter no 'no
objection' for recruitment or permission to effect direct
recruitment shall be granted except with express certification
by the Deputy Director of Education of concerned division
stating that no surplus teachers to teach the concerned
subjects are available for absorption in State. This order shall
39 judg. 170616 wp 6606.15 and others.odt
be circulated by the respondent no.1 to all its Deputy Directors
as also to all its Education Officers and also to all its
Managements within a period of 15 days from today.
22] With these directions, we dispose of all these petitions.
No costs.
JUDGE JUDGE
Rgd/ Deshmukh
