Ku. Vandana Dhonduram Burghate vs The State Of Maharashtra Through ...
2017 Latest Caselaw 1541 Bom

                                                               1                                         WP.650.17.odt

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      NAGPUR BENCH, NAGPUR.

                                WRIT PETITION NO. 650 OF 2017.


     Ku. Vandana Dhonduram Burghate,
     aged 45 years, Occu. Service,
     Resident of Shridhar Apartments, 
     Swawalambi Nagar, Gorakshan
     Road, Akola.                   ......                            PETITIONER.

                      ....Versus....

     1]  The State of Maharashtra,
         through its Secretary, Department
         of School Education, Mantralaya,
         Mumbai-32,

     2] The Director of Secondary and
        Higher Secondary Education,
        State of Maharashtra, Central
        Building, Pune-1.

     3] The Deputy Director of Education,
        Amravati Division, Amravati,

     4] The Education Officer (Secondary),
        Zilla Parishad, Akola.       .....                                                  RESPONDENTS.


     Mr. B.G. Kulkarni, Advocate for the petitioner,
     Ms. R.V. Kalia, Assistant Government Pleader for the respondents.


                               CORAM :  B.R. GAVAI & A.S. CHANDURKAR, JJ.

DATED : APRIL 7, 2017.

     ORAL JUDGMENT (PER A.S. CHANDURKAR, J.)





                                                                2                                         WP.650.17.odt

     1]               Rule.   Rule made returnable forthwith.   Heard finally with

the consent of the learned Counsel for the parties.

2] By the present Writ Petition, the petitioner prays that her

services be upgraded as full time Librarian in view of Government

Resolution dated 28.6.1994 with effect from 11.1.2000.

3] It is the case of the petitioner that she was appointed in a

recognized grant-in-aid school on 11.1.2000. As per the initial

staffing pattern for schools having strength upto 1500 one post of Full

Time Librarian was permissible. Subsequently, on 28.6.1994 by

issuing Government Resolution schools having strength of students

upto 1000 were held entitled for one post of Full Time Librarian. In

view of said Government Resolution, the petitioner was entitled to the

status of Full Time Librarian from 11.1.2000 when the strength of

students exceeded 1000. According to the petitioner, the issues

raised in the present Writ Petition stand concluded by the various

orders passed by this Court and especially in Writ Petition No.

6630/13. It is further submitted that though the number exceeded

1000, the subsequent reduction in the number of students would not

have any adverse effect on the petitioner's prayer for upgradation.

                                                                3                                         WP.650.17.odt

     4]               The   learned   Assistant   Government   Pleader   by   relying

upon the affidavit in reply submitted that the fact whether the strength

of the students was above 1000 was required to be verified. It is

however, not disputed that this Court has held that if the number of

students crossed 1000, the subsequent reduction in the number of

students would not have any effect on such upgradation.

5] The petitioner has placed on record the chart indicating the

number of students from the years 1999-2000 till 2008-2009. The

same indicates that since the year 1999-2000 till the year 2006 the

number of students was more than 1000. Considering the orders

passed by this Court in Writ Petition No. 6630/13 and Writ Petition

No. 1272/15, we find that the issues raised by the petitioner stand

covered by the adjudication in the said Writ Petitions. In so far as

subsequent reduction in the number of students is concerned, it has

been held that this would not come in the way of the petitioner in

seeking the grant of status as full time Librarian.

6] In view of the aforesaid, the Writ Petition is allowed. Rule

is made absolute in terms of prayer clause (ii). Needless to state that

it is open for the authorities to verify the strength of students which

aspect is required to be taken into consideration by the State

4 WP.650.17.odt

Government for determining the date when the said school would be

entitled for grant-in-aid.

                         JUDGE.                                                           J
                                                                                            UDGE.
    J.