Omprakash Sadhu Jambhulkar And 5 ... vs State Of Mah. Thru. Secty. And 3 Ors
2016 Latest Caselaw 6425 Bom

                                                   1                            wp322.07

                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                   
                                       NAGPUR BENCH : NAGPUR




                                                           
                               WRIT PETITION NO.322  OF  2007




                                                          
    1)      Shri Omprakash Sadhu Jambhulkar,
            aged about 32 years, r/o Bori, 
            Post Belkathi, Tahsil Korchi,
            District Gadchiroli. 




                                                
    2)      Shri Vishwanath Saoji Karade,
            aged about 33 years,  
            r/o Kochinara, Tahsil Korchi,
            District Gadchiroli. 
                                 
    3)      Shri Motilal Tulsiram Bhaisare,
            aged about 44 years, 
            r/o Botekasada, Tahsil Korchi,
            District Gadchiroli. 
      

    4)      Shri Kamalsingh Jumensingh
            Madavi, aged about 43 years, 
   



            r/o Botekasa, Tahsil Korchi,
            District Gadchiroli. 

    5)      Shri Pankaj Krushnaji Borkar,





            aged about 32 years, 
            r/o Badegaon, Tahsil Korchi,
            District Gadchiroli. 

    6)      Shri Umesh Mohan Tandekar,
            aged about 34 years, 





            r/o Maseli, Tahsil Korchi,
            District Gadchiroli.                         ...            Petitioners 

                     - Versus -

    1)      State of Maharashtra, through its
            Secretary, Education Department, 
            Mantralaya, Mumbai - 32. 

    2)      The Collector, Gadchiroli.




        ::: Uploaded on - 27/10/2016                       ::: Downloaded on - 28/10/2016 01:05:28 :::
                                                            2                          wp322.07

    3)      Chief Executive Officer,




                                                                                         
            Zilla Parishad, Gadchiroli. 

    4)      Education Officer (Primary),




                                                                 
            Zilla Parishad, Gadchiroli.                        ...            Respondents


                                       -----------------




                                                                
    Shri  P.A. Jibhkate, Advocate for the petitioners. 
    Shri   A.V.   Palshikar,   Assistant   Government   Pleader   for   the   respondent
    nos.1 and 2. 
                                ----------------




                                                          
                                              CORAM :   SMT. VASANTI A  NAIK AND 
                                    ig                  KUM. INDIRA JAIN, JJ.

DATED : OCTOBER 27, 2016

ORAL JUDGMENT (PER SMT. VASANTI A NAIK , J.) :

By this writ petition, the petitioners seek a direction against

the respondent nos.3 and 4 - Zilla Parishad to consider appointing them

on the posts of untrained Assistant Teachers (Shikshan Sevaks).

It appears that by the order dated 18/4/2007, we had directed

the respondents to consider the petitioners for appointment in the

category of unqualified Shikshan Sevaks, if they are otherwise eligible and

if they could be considered for appointment in the said category.

In view of the interim order, the cases of the petitioners must

have been considered by the respondent nos.3 and 4 and the eligible

petitioners must have been appointed. Even if they were not appointed,

they were at liberty to challenge the orders rejecting their claim, if

3 wp322.07

permissible. In any case, the cause for filing this writ petition would not

survive after lapse of more than nine years from the date of filing of the

writ petition.

Hence, we dispose of the writ petition with no order as to

costs. Rule stands discharged.

                       JUDGE                                                        JUDGE




                                                   
                                 
                                
    khj