Bombay High Court
Mahesh Chandrakant Birajdar vs The State Of Maharashtra And ... on 5 May, 2017
Bench: S.V. Gangapurwala
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1) WRIT PETITION NO.762 OF 2015
1] Kisan Shikshan Prasarak Mandal,
Hadolti,Tq:Ahmedpur,
Dist.Lature,Through its Secretary.
2] Shrihari Primary Viday Mandir,
Hadolti,Tq:Ahmedpur,
Dist.Lature,Through its Head Master.
3] Smt.Amita Shivanand Khandare
Age:30 years, Occu.Service as
Assistant Teacher,
Shrihari Primary Vidya Mandir,
Hadolti,Tq:Ahmedpur,
Dist.Latur.
4] Gajanan S/o Shivraj Kotsulwar,
Age 28 years, Occu.Service as
Assistant Teacher,
Shrihari Primary Vidya Mandir,
Hadolti,Tq: Ahmedpur,Dist.Latur
5] Nandkishor S/o Namdevrao Virale,
Age 28 years, Occu.Service as
Assistant Teacher,
Shrihari Primary Vidya Mandir,
Hadolti,Tq: Ahmedpur,Dist.Latur
6] Dhondiram S/o Balaji Chapde, ... Petitioners
Age 27 years, Occu.Service as
Assistant Teacher,
Shrihari Primary Vidya Mandir,
Hadolti,Tq: Ahmedpur,Dist.Latur
VERSUS
1] The State of Maharashtra,
Through Secretary School Education,
And Sport Department, Mantralaya,
Mumbai-32.
2] The Director of Education (Primary),
Center Building,Swargate,Pune.
3] The Deputy Director of Education,
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Latur Division,Latur.
4] The Education Officer (Primary), Zilla
Parishad, Latur.
... Respondents
2) WRIT PETITION NO.149 OF 2015
1] Sanjay S/o Vishwanath Talkute,
Age :27 years,Occu.Service as a
Assistant Teacher,
Sant Dnyaneshwar Prathmik
Vidyamandir,Ahmedpur,
Tq.Ahmedpur,Dist.Latur.
2] Manoj S/o Manikrao Barole,
Age: 28 years, Occu.Service as a
Assistant Teacher,
Sant Dnyaneshwar Prathmik Vidyamandir,
Ahmedpur,
Tq.Ahmedpur, Dist.Latur.
3] Shankar S/o Manikrao Deokate,
Age: 29 years, Occu.Service as a
Assistant Teacher,
Sant Dnyaneshwar Prathmik Vidyamandir,
Ahmedpur,
Tq.Ahmedpur, Dist.Latur.
4] Madhukar S/o Narayan Gopnar,
Age: 28 years, Occu.Service as a
Assistant Teacher,
Sant Dnyaneshwar Prathmik Vidyamandir,
Ahmedpur,
Tq.Ahmedpur, Dist.Latur.
5] Satyvan S/o Ramrao Sarole,
Age: 30 years, Occu.Service as a
Assistant Teacher,
Sant Dnyaneshwar Prathmik
Vidyamandir,Ahmedpur,
Tq.Ahmedpur, Dist.Latur.
6] Smt.Shaikh Rubina Shadul Hussain,
Age: 29 years, Occu.Service as a
Assistant Teacher,
Sant Dnyaneshwar Prathmik Vidyamandir,
Ahmedpur,
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Tq.Ahmedpur, Dist.Latur. ... Petitioner
VERSUS
1] The State of Maharashtra,
Through Secretary School Education,
And Sport Department Mantralaya,
Extension Building,Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Deputy Director of Education,
Latur Region,Latur.
4] The Education Officer(Primary),
Zilla Parishad,Latur,
Dist.Latur.
5] Ganesh Shikshan Prasarak Mandal,
through its Secretary,
R/o Ahmedpur, Tq.Ahmedpur,
Dist.Latur.
6] Sant Dnyaneshwar Prathmik Vidyamandir,
Ahmedpur,Tq.Ahmedpur,Dist.Latur,
Through its Headmaster. ... Respondents
WITH
3) WRIT PETITION NO.7763 OF 2015
1] Mahesh S/o Chandrakant Birajdar,
Age-30 years,Occu. Asst. Teacher,
Shambhuling Shivacharya Prathmik
Vidyalaya,Giwalkar Nagar,Latur, ... Petitioner
Tq.and Dist.Latur.
VERSUS
1] The State of Maharashtra,
Through Secretary School Education,
And Sport Department
Mantralaya,Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Education Officer
(Primary),Zilla Parishad,
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Latur.
4] Mahatma Basveshawar Shikshan
Sanstha,Latur,Dist.Latur,
Through its Secretary.
6. Shambhuling Shivacharya Prathmik
Vidyalaya, Girwalkar Nagar, Latur,
through its Head Master. ... Respondents
WITH
4) WRIT PETITION NO.711 OF 2014
1] Mahesh S/o Balaji Kanwate,
Age 26 years, Occ.Service as
Assistant Teacher, Lokmanya
Primary School,Chakur,
Tal.Chakur,District Latur.
2] Krishna S/o Vitthal Zambre,
Age 26 years, Occ.Service as
Assistant Teacher, Lokmanya
Primary School,Chakur,
Tal.Chakur,District Latur.
3] Shahaji S/o Ganpatrao Mane,
Age 25 years, Occ.Service as
Shikshan Sevak, Lokmanya
Primary School,Chakur,
Tal.Chakur,District Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through Secretary School Education &
Sports Department Mantralaya,
Mumbai.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Education Officer
(Primary),Zilla Parishad,
Latur.
4] Lokayat Charitable Trust,Ahmedpur,
Tal.Ahmedpur,Dist.Latur,
Through its Secretary.
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5. Lokmany Primay School,Chakur, ... Respondents
Tal.Chakur,District Latur,
Through its Headmaster.
WITH
5) WRIT PETITION NO.941 OF 2015
1] Sangameshwar S/o Manmath Gudda,
Age 26 years, Occu.Service,
Presently working as Assistant
Teacher,at Shree Mukteshwar Pratamik
Vidyamandir,Ausa,
Tq.Ausa,District Latur,
2] Sau.Chhaya d/o Nagshetti Patil,
Age 26 years, Occu.Service,
Presently working as Assistant
Teacher,at Shree Mukteshwar Pratamik ... Petitioners
Vidyamandir,Ausa,
Tq.Ausa,District Latur,
VERSUS
1] The State of Maharashtra,
Through Secretary School Education
And Sport Department Mantralaya,
Extension Building,Mumbai-32.
2] The Director of Education
(Primary),Center
Building,Swargate,Pune.
3] The Deputy Director Education,
Officer(Primary),Zilla
Parishad,Latur,Dist.Latur.
4] The Education Officer (Primary),
Zilla Parishad, Latur.
5] Shree Mukteshwar Shikshan Prasarak ... Respondents
Mandal,Ausa,Tq.Ausa,Dist.Latur,
Through: The President/Secretary.
WITH
6) WRIT PETITION NO.124 OF 2015
1] Baliram S/o Salba Jagtap,
Age:31 years, Occu:Service,
R/o SwamiGalli,Ausa,
Tq.Ausa & Dist.Latur.
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2] Bibhishan S/o Babruwan Pawar,
Age:26 years,Occ:Service,
R/o:Hasala, Post:Peth,
Tq,Ausa,Dist.Latur.
3] Nitin S/o Shivajirao Patil,
Age:27 years,Occ:Service,
R/o:Shindola (J), Post: Kahva,
Dist.Latur.
4] Nitin S/o Anandrao Samukhrao
Age:30 years,Occ:Service,
R/o Nathnagar,Latur,
Tq.Latur,Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through Secretary School Education
And Sport Department Mantralaya,
Mumbai-32.
2] The Director of Education
(Primary),Center
Building,Swargate,Pune.
3] The Deputy Director Education,
Officer(Primary),Zilla
Parishad,Latur,Dist.Latur.
4] The Education Officer (Primary),
Zilla Parishad,Latur.
5] Shivchatrapati Shikshan Sanstha, ... Respondents
Latur through its Secretary,
Adv.Narayanrao Patil
near Taki Murud Road,Latur.
6. Gnyanoba More Primary School,
Latur,Dist.Latur,through its Head
Master.
WITH
7)WRIT PETITION NO.162 of 2015
1] Nitin S/o Madhukar Ugile,
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Age:27 years,Occu.Service as a
Shikshan Sevak
Shri Vidhya Saraswati Prathmik
Vidyalya,Sushiladevi Nagar,Latur,
Tq.& Dist.Latur.
2] Shadul S/o Jilani Pinjari,
Age:27 years,Occu.Service as a
Shikshan Sevak,
Shri Vidya Saraswati Prathmik
Vidyalaya,Sushiladevi Nagar,Latur,
Tq.& Dist.Latur.
3] Sou.Supriya W/o Madhukar Mandale,
Age: 26 years,Occu.Service as a
Shikshan Sevak
Shri Vidya Saraswati Prathmik
Vidyalaya,Sushiladevi Nagar,Latur,
Tq.& Dist.Latur.
4] Sou.Vijayalaxmi W/o Vivekanand Jade, ... Petitioners
Age: 27 years,Occu.Service as a
Shikshan Sevak
Shri Vidya Saraswati Prathmik
Vidyalaya,Sushiladevi Nagar,Latur,
Tq.& Dist.Latur.
VERSUS
1] The State of Maharashtra,
Through Secretary School Education
And Sports Department Mantralaya,
Extention Building, Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Deputy Director of Education,
Latur Region,Latur.
4] The Education Officer (Primary)
Zilla Parishad,Latur,
5] Kai.Nivrutinath Shikshan Prasarak
Mandal, through its Secretary
R/o Bhakaskheda,Tq.Udgir
Dist.Latur.
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6] Shri Vidya Saraswati Prathmik ... Respondents
Vidhyalaya,Sushiladevinagar,Latur,Di
st.Latur,
Through its Headmaster.
WITH
8) WRIT PETITION NO.335 of 2015
1] Achyut S/o Chandrakant Shelke,
Age:25 years,OCcu:Service as a
Shikshan Sevak,
R/o Ahmedpur,Tq.Ahmedpur
Dist.Latur. ... Petitioner
VERSUS
1] The State of Maharashtra,
Through Secretary School Education
And Sports Department Mantralaya,
Extention Building, Mumbai-32.
2] The Director of Education
(Primary),Zilla Parishad,Latur,
3] Kisan Shikshan Prasarak Mandal,
Udgir,Tq.Udgir,
Dist.Latur,
through its Secretary.
4] Mahatma Phule Primary School,
Ahmedpur,Tq.Ahmedpur
Dist.Latur.
Through its Headmaster. ... Respondents
WITH
9) WRIT PETITION NO.349 of 2015
1] Mahesh S/o Balaji Kanwate,
Age 26 years, Occ.Service as
Assistant Teacher,Lokmanya Primary
School,Chakur,
Tal.Chakur,District Latur.
2] Shahaji S/o Ganpatrao Mane,
Age 25 years, Occ.Service as
Shikshan Sevak, Lokmanya Primary
School, Chakur,
Tal.Chakur,District Latur.
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3] Krishna S/o Vitthal Zambre,
Age 26 years,Occ.Service as
Assistant Teacher,Lokmanya Primary
School, Chakur,
Tal.Chakur,District Latur.
4] Ganesh S/o Dnyanoba Mane,
Age 30 years,Occ.Service as
Shikshan Sevak,Ramrao Patil Prathmik
vidya Mandir,Handarguli,
Tq.Udgir,District Latur.
5] Shivanand S/o Guruling Swami,
Age 27 years,Occ.As above.
6] Atul S/o Gopalrao Shinde,
Age 34 years, Occ.Service as
Assistant Teacher, Lal Bahadur Shastri
Primary School,Shivaji Nagar,Hadga
Raod,Nilanga,
Tal.Nilanga,District Latur.
7] Mahesh S/o Prakashrao Shinde,
Age 26 years,Occ.Service as Shikshan
Sevak, Lal Bahadur Shastri Primary
School,Shivaji Nagar,Hadga
Raod,Nilanga,
Tal.Nilanga,District Latur.
8] Digambar S/o Sanjeev Thete,
Age 32 years,Occ.Service as
Lal Bahadur Shastri Primary
School,Shivaji Nagar,Hadga
Raod,Nilanga,
Tal.Nilanga,District Latur.
9] Namdeo S/o Babu Kurmude,
Age 27 years,Occ.Service as
Shikshan Sevak,Lal Bahadur Shastri
Primary School,Shivaji Nagar,Hadga
Raod,Nilanga,
Tal.Nilanga,District Latur.
10] Amit S/o Mallikarjun Doke,
Age 28 years,Occ.Service as
Shikshan Sevak,Lal Bahadur Shastri
Primary School,Shivaji Nagar,Hadga
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Raod,Nilanga,
Tal.Nilanga,District Latur.
11] Sayyed Ajaj Ahmed Turabali,
Age 30 years,Occ.Service as
Shikshan Sevak,Yashwantrao Chavan
Prathmik Vidyalaya,Chakur,
Dist.Latur.
12] Vanita Govindrao Mundkar,
Age 28 years,Occ.Service as Assistant
Teacher,Vimlabai Deshmukh Girls
Primary School, Ahmedpur,
Tal.Ahmedpur,District Latur.
13] Gajanan S/o Madhavrao Dhase Patil,
Age 28 years,Occ.Service as Shikshan
Sevak,Nutan Marathi Primary
School,Ahmedpur,
Tal.Ahmedpur,Dist.Latur.
14] Pradip S/o suryakantrao Biradar,
Age 25 years,Occ.Service as
Shikshan Sevak, Shri Datta Prathmik
Vidya Mandir,Datta Nagar,Udgir,
Tal.Udgir,District Latur.
15] Sudhir S/o Hanmantrao Wadikar,
Age 24 years,Occ.Service as
Shikshan Sevak, Shri Datta Prathmik
Vidya Mandir,Datta Nagar,Udgir,
Tal.Udgir,District Latur.
16] Dnyanoba S/o Manohar Dongre,
Age 26 years, Occ.Service as Shikshan
Sevak,Uday Primary
School,Udgir,Tal.Udgir,
Tal.Udgir,District Latur.
17] Amol S/o Manhanrao Kamble,
Age 26 years, Occ.Service as
Shikshan Sevak, Uday Primary
School,Udgir,Tal.Udgir,Dist. Latur.
18] Devidas S/o Talshiram Kamble,
Age 28 years,Occ.Service as
Shikshan Sevak,Uday Primary
School,Udgir,Tal Udgir,Dist. Latur.
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19] Muktabai Ashok Patwari,
Age 27 years,Occ.Service as
Shikshan Sevak, Uday Primary
School,Udgir,Tal.Udgir,Dist. Latur.
20] Kiran S/o Arjunrao Kallurkar,
Age 26 years, Occ.Service as
Shikshan Sevak,Maharashtra
Primary School,Majage Nagar,
Latur, Tal.& Dist.Latur.
21] Mangesh S/o Kamlakar Suryawanshi,
Age 25 years,Occ.Service as
Shikshan Sevak,Maharashtra
Primary School,Majage Nagar,
Latur, Tal. & Dist.Latur.
22] Uddhav S/o Vitthalrao Chame,
Age 28 years,Occ.Service as
Shikshan Sevak,Maharashtra
Primary School,Majage Nagar,
Latur,Tal.& Dist.Latur.
23] Gajanan S/o Vijaykumar Shelke,
Age 27 years, Occ.Service as
Shikshan Sevak,Maharashtra Primary
School,Majage Nagar,
Latur, Tal.& Dist.Latur.
24] Pramod S/o Gurunath Bhanji,
Age 24 years,Occ.Service as
Shikshan Sevak, Mahesh
Prathmik Vidyamandir, Udgir,
Tal.Udgir,District Latur.
25] Gangadhar S/o Vitthalrao Pichare
Age 27 years,Occ.Service as
Shikshan Sevak,Mahesh
Prathmik Viyamandir,Udgir,
Tal.Udgir,District Latur.
26] Shripad S/o Shashikant Hemalbkar,
Age 26 years,Occ.Service as
Shikshan Sevak,Sardar Vallabhbhai
Patel Primary School,Udgir,
Tal.Udgir,District Latur. ... Petitioners
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VERSUS
1] The State of Maharashtra,
Through its Secretary, School
Education And Sports Department
Mantralaya, Mumbai-32.
2] The Director of Education
Maharashtra State,Pune.
3] The Deputy Director of Education,
Latur Division, Latur.
4] TheEducation Officer (Primary), Zilla
Parishad,Latur.
5] Lokmanya Charitable Trust, Ahmedpur
Tal.Ahmedpur,Dist.Latur,
Through its Secretary.
6] Lokmanya Primary School,Chakur,
Tal.Chakur,District Latur,
Through its Headmaster.
7] Kai.Shri Narayanrao Patil Shikshan
Prasarak Mandal, Handarguli,
Tal.Udgir, District Latur. Through its
Secretary.
8] Ramrao Patil Prathmik Vidyamandir,
Handarguli,Tal.Udgir,Dist.Latur,
Through its Headmaster.
9] Lal Bahadur Shastri Mission,
Shivaji Nagar,Hadaga Raod,
Nilanga,Tal.Nilanga,Dist.Latur,
Through its Secretary.
10] Lal Bahadur Shastri Primary School,
Shivaji Nagar,Hadaga Raod,
Nilanga,Tal.Nilanga,Dist.Latur,
Through its Headmaster.
11] Dr.Zakir Hussen Shikshan Prasarak
Mandal,Chakur,Tal.Chakur,Dist.Latur
Through its Secretary.
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12] Yashwantrao Chavan Prathmik Vidyalaya
Chakur, Tal. Chakur, Dist.Latur,
Through its Secretary.
13] Lokayat Shikshan Sanstha,Ahmedpur,
Tal.Ahmedpur,District Latur,
Through its Secretary.
14] Vimlabai Deshmukh Girls Primary
School,Ahmedpur, Tal.Ahmedpur,
Dist.Latur,through its Headmaster.
15] Lokayat Charitable Trust, Ahmedpur,
Tal.Ahmedpur,Dist.Latur,
Through its Secretary.
16] Nutan Marathi Primary School,
Ahmedpur,Tal.Ahmedpur,Dist.Latur,
Through its Headmaster.
17] Shri Gajanan Maharaj Shikshan
Sanstha ,Udgir,Tal.Udgir,Dist. Latur,
Through its Secretary.
18] Shri Datta Prathmik Vidyamandir,
Datta Nagar, Udgir, Tal. Udgir, Dist.
Latur, Through its Headmaster.
19] Champavati Shikshan Prasarak Mandal,
Chapoli, Tal.Chakur, Dist. Latur,
Through its Secretary.
20] Uday Primary School,Udgir,
Tal.Udgir,Dist.Latur,
Through its Headmaster.
21] Janta Shikshan Prasarak Mandal,
Kavha,Tal.& Dist.Latur,Through its
Secretary.
22] Maharashtra Primary School,
Majage Nagar, Latur, Tal.& Dist.
Latur, Through its Headmaster.
23] Mahesh Shikshan Prasarak Mandal,
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Udgir, Tal.Udgir, Dist.Latur,
Through its Secretary.
24] Mahesh Prathmik Vidyamandir,Udgir,
Tal.Udgir,District Latur,
Through its Secretary.
25] Mahesh Dnyan Vikas Mandal,
Latur,Tal & District Latur,
Through its Secretary.
26] Sardar Vallabhbhai Patel Primary ...
School,Udgir, Tal.Udgir,Dist Latur, Respondents
Through its Headmaster.
WITH
10) WRIT PETITION NO.4244 of 2016
1] Parmeshwar S/o Manohar Rupnawar
Age:30 years,Occ.Service,
R/o Sharda Nagar, "Kore Niwas",
Ambajogai Raod,Latur,
Tq.& Dist.Latur. ... Petitioner.
VERSUS
1] The State of Maharashtra,
Through its Secretary,School
Education & Sports Department
Mantralaya, Extention Building,
Mumbai.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Deputy Director of Education,
Latur Region,Latur.
4] The Education Officer (Primary),
Zilla Parishad,Latur,
Distric: Latur.
5] Kai.Nivrutinath Shikshan Prasarak
Mandal, through its Secretary
R/o Bhakaskheda,Tq.Udgir
Dist.Latur.
6] Shri Vidya Saraswati Prathmik ... Respondents
Vidhyalaya,Sushiladevinagar,
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Latur,Dist.Latur,
Through its Headmaster.
WITH
11) WRIT PETITION NO.10967 of 2015
1] Pranita Pralhadrao Dudde,
Age-25 years,Occu.Assistant Teacher,
Tulshiram Shinde Prathmik Vidyalaya,
Vitthalnagar,Khani vibhag,Latur, Tq & ... Petitioner
Dist.Latur.
VERSUS
1] The State of Maharashtra,
Through Secretary School Education &
Sports Department, Mantralaya,
Mumbai.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Eduction Officer(Primary),
Zilla Parishad,Latur.
4] Ramchandra Dnyan Prasarak Shikshan
Sanstha,Ambulga(Bk),Tq.Nilanga,
Dist.Latur, Through its Secretary.
5] Tulshiram Shinde Prathmik Vidyalaya,
Vitthalnagar,Khani Vibhag, Latur,
Through its Head Master.
... Respondents
WITH
12) WRIT PETITION NO.7853 of 2015
1] Balvikas Shikshan Prasarak
Mandal,Latur, Tq.& Dist.Latur,
Through: its Secretary.
2] Saraswati Prathmik Vidyamandir,
Prakashnagar,Latur, Dist.Latur,
Through its Headmaster. ... Petitioner
VERSUS
1] The State of Maharashtra,
Through The Secretary School
Education & Sports Department,
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Mantralaya,Mumbai.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Eduction Officer(Primary),
Zilla Parishad,Latur. ... Respondents
WITH
13) WRIT PETITION NO.7852 of 2015
1] Ambika Bahuuddeshiya Mahila Mandal,
Rohina, Tq.Chakur,Dist.Latur,
Through: its Secretary.
2] Tuljabhavani Prathmik Viyamandir,
Sant Dnyaneshwar Nagar,Latur,
Tq & Dist.Latur, ... Petitioners
Through its Headmaster.
VERSUS
1] The State of Maharashtra,
Through The Secretary School
Education & Sports Department,
Mantralaya,Mumbai.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Eduction Officer(Primary),
Zilla Parishad,Latur. ... Respondents
WITH
14) WRIT PETITION NO.7851 of 2015
1] Kendre Charitable Trust, Latur,
Tq.& Dist.Latur,
Through its Secretary.
2] Rajmata Jijamata Prathmik
Vidyamandir,
Shivnagar, Latur,Tq.& Dist.Latur, ... Petitioners
Through its Head Master.
VERSUS
1] The State of Maharashtra,
Through:The Secretary School
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Education & Sports Department,
Mantralaya,Extension Building,
Mumbai.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Eduction Officer(Primary),
Zilla Parishad,Latur,Dist.Latur. ... Respondents
WITH
15) WRIT PETITION NO.7749 of 2015
1] Shri Gajanan Maharaj Shikshan Sanstha
Udgir,
Tq.Udgir,Dist.Latur,
Through: its Secretary,
Uttam S/o Dattatray Potdar,
Age 64 years,Occu.Secretary,R/o
Panchal Colony, Nanded Naka,
Udgir,Tq.Udgir,Dist.Latur.
2] Shri Datta Prathmik Vidyamandir,
Dattanagar, Udgir,Tq.Udgir,
District Latur, ... Petitioners
Through its Headmistress.
VERSUS
1] The State of Maharashtra,
Through:The Secretary School
Education & Sports Department,
Mantralaya,Extension Building,
Mumbai.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Eduction Officer(Primary),
Zilla Parishad,Latur,Dist.Latur. ... Respondents
WITH
16) WRIT PETITION NO.7229 of 2015
1] Trambakeshwar Shikshan Prasarak
Mandal,Latur
Through its Secretary,
Sanjay Bhagwanrao Suryawanshi,
Age:42,Occ.Service,
R/o Narayan Nagar,Near Banty
Niwas,Latur.
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2] The Head Master,
Shri Sai Prathmik Vidyalaya,
Sai Raod,Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through:The Secretary School
Education & Sports Department,
Mantralaya,Extension Building,
Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Deputy Director of Education,
Latur Region,Latur.
4] The Eduction Officer(Primary),
Zilla Parishad,Latur,Dist.Latur. ... Respondents
WITH
17) WRIT PETITION NO.5406 of 2015
1] Satish S/o Baburao Dhage,
Age 28 years,Occ.Assistant Teacher,
Tulshiram Shinde Prathmik Vidyalaya,
Vitthalnagar, Khani Vibhag,Latur, Tq
& Dist.Latur.
... Petitioner
VERSUS
1] The State of Maharashtra,
Through:The Secretary School
Education & Sports Department,
Mantralaya,Extension Building,
Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Eduction Officer(Primary),
Zilla Parishad,Latur,Dist.Latur.
4] Ramchandra Dnyan Prasarak Shikshan
Sanstha,Ambulga(Bk)
Tq.Nilanga,Dist.Latur,
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Through its Secretary.
5] Tulshiram Shinde Prathmik Vidyalaya,
Vitthalnagar, Khani Vibhag,Latur,
Through its Head Master.
... Respondents
WITH
18) WRIT PETITION NO.2912 of 2015
1] Balu S/o Gangadhar Magar,
Age: 34 years,Occ.Service
As a Assistant Teacher,
R/o Her,Tq.Udgir,Dust.Latur. ... Petitioner
2] Pralhad S/o Balaji Panhale,
Age: 28 years,Occ.Service
As a Assistant Teacher,
R/o S.T.Colony Nalegaon
Raod,Udgir,Tq.Udgir,
Dist.Latur.
3] Nagnath S/o Venkat Chame
Age:24 years,Occ.Service
As a Assistant Teacher,
R/o L.I.C.Office Vikas Nagar,
Degloor Raod,Udgir,Tq.Udgir,
Dist.Latur.
4] Smt.Reshma S/o Umakant Malwade,
Age:26 years,Occ.Service
As a Assistant Teacher,R/o
Togri,Udgir,Tq.Udgir,
Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through:The Secretary School
Education & Sports Department,
Mantralaya, Extension Building,
Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Eduction Officer(Primary),
Zilla Parishad,Latur,Dist.Latur.
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4] Shri Gurulingeshwar Public
Education Society,Deoni,
Tq.Deoni,Dist.Latur
Through its Secretary.
5] Shri Yogeshwari Devi Primary
School,Deoni,Tq.Deoni,
Dist.Latur.
Through its Head Master. ... Respondents
WITH
19) WRIT PETITION NO.2446 of 2015
1] Smt.Saraswati Sambhajirao Shinde,
Age:24 years,Occ.Service
R/o Udgir,Tq.Udgir Dist.Latur.
2] Smt.Asha Shivajirao Patil,
Age:30 years,Occu:Service,
R/o Udgir,Tq.Udgir, Dist.Latur.
3] Mahesh S/o Digambar Mathpati,
Age:25 years, Occu:Service,
R/o Udgir,Tq.Udgir Dist.Latur.
4] Balaji S/o Nagorao Sherikar
Age:27 years,Occu.Service
R/o Udgir,Tq.UdgirDist.Latur.
5] Bhaskar S/o Venkatrao Patil,
Age:28 years,Occu:Service
R/o Udgir,Tq.Udgir, Dist.Latur
6 Smt.Varsharani Hanmantrao Bhate
Age:26 years,Occu.Service,
R/o Udgir,Tq.Udgir, Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through:The Secretary School
Education & Sports Department,
Mantralaya,Extension Building,
Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,
Pune-1.
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3] The Deputy Director of Education
Latur Region,Latur.
4] The Education Officer(Primary)
Zilla Parishad,Latur, Dist.Latur.
5] Kisan Shikshan Prasarak Mandal,
Udgir,Tq.Udgir, Dist.Latur.
Through the Secretary.
6] Vidyavardhini Prathmik Vidyalaya,
Udgir,Tq.Udgir,Dist.Latur,
through its Headmaster. ... Respondents
WITH
20) WRIT PETITION NO.1392 of 2015
1] Yogvashishth Shikshan Prasarak Mandal,
Latur Through its Secretary.
2] Shriman Yogi Primary School,
Prakash Nagar, Latur,
through its Headmaster
Ramdas S/o Goroba Pawar,
Age 56 years, Occ.Service,
R/o Vaibhav Nagar,Latur ... Petitioners
Tq.& Dist.Latur.
VERSUS
1] The State of Maharashtra,
Through:The Secretary School Education
& Sports Department,
Mantralaya,Extension Building,
Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Deputy Director of Education,
Latur Region,Latur.
4] The Education Officer(Primary), ... RespondentS
Zilla Parishad,Latur,Dist.Latur.
WITH
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21) WRIT PETITION NO.1387 of 2015
1] Santosh S/o Mahadeo Suryawanshi
Age:30 years,Occu.Service,
R/o C/o Kulswamini Primary School,
Dadoji Konddeo Nagar,
Raghvendra Colony,Latur,
Tq.Dist.Latur.
2] Archana D/o Gangaram Sagar
Age:28 years,Occu.Service,
R/o C/o Kulswamini Primary School,
Dadoji Konddeo Nagar,
Raghvendra Colony,Latur,
Tq.Dist.Latur.
3] Rajendra S.o Rohidas Waghmare
Age:30 years,Occu.Service,
R/o. C/o Kulswamini Primary School,
Dadoji Konddeo Nagar,
Raghvendra Colony,Latur,
Tq.Dist.Latur.
4] Ajit S/o Angadrao Kendre
Age: 30 years,Occu.Service,
R/o. C/o Kulswamini Primary School,
Dadoji Konddeo Nagar,
Raghvendra Colony,Latur,
Tq.Dist.Latur.
5] Kanta d/o Vitthal Kadam,
Age:29 years,Occu.Service,
R/o. C/o Kulswamini Primary School,
Dadoji Konddeo Nagar,
Raghvendra Colony,Latur,
Tq.Dist.Latur.
6] Usha d/o Ram Reddy,
Age:28 years,Occu.Service,
R/o. C/o Kulswamini Primary School,
Dadoji Konddeo Nagar,
Raghvendra Colony,Latur,
Tq.Dist.Latur.
7] Sadashiv S/o Narsing Jadhav
Age:29 years,OCcu.Service,
R/o. C/o Kulswamini Primary School,
Dadoji Konddeo Nagar,
Raghvendra Colony,Latur,
Tq.Dist.Latur.
8] Sheetal d/o Dnyanoba Bhandare,
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Age:28 years,Occu.Service,
R/o. C/o Kulswamini Primary School,
Dadoji Konddeo Nagar,
Raghvendra Colony,Latur,
Tq.Dist.Latur. ... Petitioners.
VERSUS
1] The State of Maharashtra,
Through:The Secretary School Education
& Sports Department,
Mantralaya,Extension Building,
Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Deputy Director of Education,
Latur Region,Latur.
4] The Education Officer(Primary),
Zilla Parishad,Latur,Dist.Latur.
5] Abhinav Bahuuddeshiya Shikshan
Prasarak Mandal,Narayan Nagar,Latur
Through its Secretary,
Tq.Dist.Latur.
6] Kulswamini Primary School,
Dadoji Konddeo Nagar
Raghvendra Colony,Latur,
Tq.Dist.Latur.
Through its Headmaster. ... Respondents
WITH
22)WRIT PETITION NO.1221 of 2015
1] Kishor S/o Ramrao Shendge,
Age 33 years,Occ.Service as
Shikshan Sevak,Samaj Jagruti
Primary School,Murud,
Tal. and District Latur.
2] Sandeep S/o Madhavrao Shendge,
Age 28 years,Occ.Service as
Shikshan Sevak,Samaj Jagruti
Primary School,Murud,
Tal. and District Latur.
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3] Dharmaraj S/o Baburao Somwanshi,
Age 31 years,Occ.Service as
Shikshan Sevak,Samaj Jagruti
Primary School,Murud,
Tal. and District Latur. ... Petitioners
7] Sadashiv S/o Narsing Jadhav
Age:29 years,OCcu.Service,
R/o. C/o Kulswamini Primary School,
Dadoji Konddeo Nagar,
Raghvendra Colony,Latur,
Tq.Dist.Latur.
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department,
Mantralaya,Extension Building,
Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Deputy Director of Education,
Latur Division,Latur.
4] The Eduction Officer(Primary),
Zilla Parishad,Latur.
5] Samaj Jagruti Shikshan Sanstha,
Murud,Tal.& District Latur,
Through its Secretary.
6] Samaj Jagruti Primary School,
Muruk,Tal. And District Latur,
Through its Headmaster. ... Respondents
WITH
23) WRIT PETITION NO.1008 of 2015
1] Bapurao S/o Umakant Raiphale,
Age:28 years,Occu.Service as
Assistant Teacher in Nutan Marathi
Primary School,Ahmedpur,
Tq:Ahmedpur,Dist.Latur. ... Petitioner
VERSUS
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1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department,
Mantralaya,Extension Building,
Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Deputy Director of Education,
Latur Division,Latur.
4] The Eduction Officer(Primary),
Zilla Parishad, Latur.
5] Lokayat Charitable Trust,
Ahmedpur,Tq.Ahmedpur,
Dist:Latur,through its Secretary.
6] Nutan Marathi Primary School,
Ahmedpur,Tq.Ahmedpur,
Dist:Latur,through its ... Respondents
Headmaster.
WITH
24) WRIT PETITION NO.775 of 2015
1] Smt.Ranjana d/o Manohar Kadam,
Age:34 years,Occu.Service as a
Assistant Teacher , Shri Mahesh
Prathmik Vidyamandir, Shirur-
Tajband,Tq.Ahmedpur, Dist.Latur.
2] Smt.Gangasagar Umakant Davangave,
Age:30 years,Occu.Service as a
Assistant Teacher, Shri Mahesh
Prathmik Vidyamandir, Shirur-
Tajband,Tq.Ahmedpur, Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department,
Mantralaya,Extension Building,
Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,Pune.
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3] The Deputy Director of Education,
Latur Region,Latur.
4] The Eduction Officer(Primary),
Zilla Parishad,Latur.
5] Mahesh Shikshan Sanstha,
through its Secretary,
R/o Shirur Tajband,Tq.Ahmedpur,
Dist.Latur.
6] Shri Mahesh Prathmik Vidyamandir,
Shirur Tajband, Tq.Ahmedpur,
Dist. Latur,Through its Headmaster. ... Respondents
WITH
25) WRIT PETITION NO.567 of 2015
1] Adarsh Jivan Shikshan Prasarak Mandal
through its Secretary,
Rajendra S/o Ramchandra Indrale,
Age:52 years,Occu.Social Work
R/o Nathnagar,Latur,Dist.Latur.
2] Janata Primary School,
Nathnagar,Latur,Dist.Latur,
Through its Headmaster.
3] Raghuvir Primary School,
Anjalinagar,Latur,Dist.Latur,
Through its Headmaster. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department,
Mantralaya,Extension Building,
Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Deputy Director of Education,
Latur Region,Latur.
4] The Eduction Officer(Primary),
Zilla Parishad,Latur,Dist.Latur. ... Respondents
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WITH
26) WRIT PETITION NO.508 of 2015
1] Abhinav Bahuuddeshiya Shikshan
Prasarak Mandal,Narayan Nagar,Latur,
through its Secretary,
Padmakar Govindrao Mogarge,
Age:55 years,Occu.Service,
R/o Narayan Nagar,Latur,
2] Kulswamini Primary School,
Dadoji Konddeo Nagar, Raghvendra
Colony,Latur, Tq.Dist.Latur,
Through its Headmaster. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department,
Mantralaya,Extension Building,
Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Deputy Director of Education,
Latur Region,Latur.
4] The Eduction Officer(Primary),
Zilla Parishad,Latur,Dist.Latur. ... Respondents
WITH
27) CONTEMPT PETITION NO. 560/2015
IN
WRIT PETITION NO.4824 of 2013
1] Sabka Malik Ek Education Society,
Through its Secretary,
Lohar Galli,Nehru Chowk,Paithan,
Dist.Aurangabad. ... Petitioner
VERSUS
1] R.S.Moghal,
Age : Major,Occu.Service as
Education Officer (Primary)
Zilla Parishad,Aurangabad.
2] M.K.Deshmukh,
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Age Major,Occu.Service as
Education Officer (Primary),
Zilla Parishad,Aurangabad.
3] Nitin M.Ujpasani,
Age Major,Occu.Service as
Education Officer(Primary), ... Respondents
Zilla Parishad,Nashik.
WITH
28) WRIT PETITION NO.441 of 2015
1] Kisan Shikshan Prasarak Mandal,
Udgir,Tq.Udgir,Dist.Latur.
Through its Secretary
Chandrapal S/o Parbatrao Patil,
Age:75 years,Occu.Social Work
R/o Shivaji Housing Society,Udgir,
Tq.Udgir,Dist.Latur.
2] Mahatma Phule Primary School,
Ahmedpur,Tq.Ahmedpur
Dist.Latur.
Through its Headmaster ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department,
Mantralaya,Mumbai-32.
2] The Director of Education (Primary)
Maharashtra State, Pune.
3] The Deputy Director of Education,
Latur Region,Latur.
4] The Education Officer(Primary),
Zilla Parishad,Latur ... Respondents
Dist.Latur.
WITH
29) CONTEMPT PETITION NO.489 OF 2014
IN
WRIT PETITION NO.711 OF 2014
1] Mahesh S/o Balaji Kanwate,
Age 26 years,Occu.Service as
Assistant Teacher,Lokmanya
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Primary School,Chakur,
Tal.Chakur, District Latur.
2] Krishna S/o Vitthal Zambre,
Age 26 years, Occ.Service as
Assistant Teacher,Lokmanya
Primary School,Chakur,
Tal.Chakur, District Latur.
3] Shahaji S/o Ganpatrao Mane,
Age 25 years, Occ.Service as
Shikshan Sevak,Lokmanya
Primary School,Chakur,
Tal.Chakur, District Latur. ... Petitioners
VERSUS
1] Shri Sanjaykumar Rathod,
The Education Officer(Primary),
Zilla Parishad, Latur. ... Respondent
WITH
30) WRIT PETITION NO.6586 of 2014
1] Anjana D/o Prabhakar Mali,
Age 30 years, Occu:Service,
As Assistant Teacher,
R/o Shri Primary School,
Vaibhav Nagar,Latur, ... Petitioner
Tq.& Dist.Latur.
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,
Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Beed.
4] Dnyandan Shikshan Prasarak Mandal,
Vaibhav Nagar(Khani Vibhag),
Latur,Tq.& Dist.Latur,
Through its Secretary.
5] Shri Primary School,
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Vaibhav Nagar,Latur,
Tq.& Dist.Latur,
Through its Head Master. ... Respondents
WITH
31) WRIT PETITION NO.9416 of 2014
1] Shukracharya S/o Vasant Chole,
Age 27 years,Occu.Assistant Teacher,
Vidyavikas Prathmik
Vidyalaya,Shrinagar,
Latur,Tq.& Dist.Latur. ... Petitioner
2] Jyoti Annarao Somwanshi,
Age 25 years, Occu.Assistant Teacher,
Vidyavikas Prathmik Vidyalaya,
Shrinagar,
Latur,Tq.&Dist.Latur.
3] Sunil S/o Balaji Mundhe,
Age 24 years,Occu.Assistant Teacher,
Vidyavikas Prathmik Vidyalaya,
Shrinagar, Latur,Tq.Dist.Latur.
... Petitioner
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,
Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Shri Dnyansampada Shikshan Prasarak
Mandal,Shrinagar, Latur,
Through its Secretary.
5] Vidyavikas Prathmik Vidyalaya,
Shrinagar,Latur,
Through its Head Master.
... Respondents
WITH
32) WRIT PETITION NO.9417 of 2014
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1] Nitin S/o Madhukar Ugile,
Age:27 years,Occu.Assistant
Teacher,Shri Vidyasarswati Prathmik
Vidyalaya,Latur,Tq.& Dist.Latur.
2] Supriya Madhukar Madale,
Age:25 years,Occu.Assistant Teacher,
Shri Vidyasarswati Prathmik Vidyalaya,
Latur,Tq.&Dist.Latur.
3] Pinjari Shadul Jilani,
Age -26 years,Occu.Assistant Teacher,
Shri Vidyasarswati Prathmik Vidyalaya,
Latur,Tq.&Dist.Latur.
4] Vijaylaxmi Vivekanand Jade,
Age 24 years, Occu.Assistant Teacher,
Shri Vidyasarswati Prathmik Vidyalaya,
Latur,Tq.&Dist.Latur.
5] Parmeshwar S/o Manohar Rupnawar,
Age:27 years,Occu.Assistant Teacher,
Shri Vidyasarswati Prathmik Vidyalaya,
Latur,Tq.&Dist.Latur.
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department,
Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Kai.Nivruttinath Shikshan Prasarak
Mandal, Bhakaskheda,Tq.Udgir, Dist.
Latur, Through its Secretary.
5] Shri Vidyasarswati Prathmik Vidyalaya,
Latur, Tq.& Dist.Latur,
Through its Head Master. ... Respondents
WITH
33) WRIT PETITION NO.9418 of 2014
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1] Pradeep S/o Baburao Dhamangave,
Age 27 years, Occu.Assistant Teacher,
Chhatrapati Shivaji Prathmik Shala,
Latur,Tq.&Dist Latur.
2] Sayyed Azim Mustafa,
Age 26 years, Occu.Assistant Teacher,
Chhatrapati Shivaji Prathmik Shala,
Latur,Tq.& Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,
Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Prerna Shikshan Prasarak Mandal,
Shivani Lucktanda, Chaudharinagar,
Latur,Tq.& Dist.Latur.
Through its Secretary.
5] Chhatrapati Shivaji Prathmik Shala,
Chaudharinagar,Latur,
Tq.& Dist.Latur,
Through its Headmaster. ... Respondents
WITH
34) WRIT PETITION NO.9419 of 2014
1] Sanjay S/o Vishwanath Talkute,
Age 27 years,Occu.Assistant Teacher,
Sant Dnyaneshwar Prathmik Vidyamandir,
Ahmedpur,Tq.Ahmedpur,
District: Latur.
2] Manoj S/o Manikrao Barole,
Age 30 years,Occu.Assistant Teacher,
Sant Dnyaneshwar Prathmik Vidyamandir,
Ahmedpur,Tq.Ahmedpur,
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District: Latur. ... Petitioners
3] Shankar S/o Manikrao Devkate,
Age 27 years,Occu.Assistant Teacher,
Sant Dnyaneshwar Prathmik Vidyamandir,
Ahmedpur,Tq.Ahmedpur,
District: Latur.
4] Madhukar S/o Narayanrao Gopnar,
Age 30 years,Occu.Assistant Teacher,
Sant Dnyaneshwar Prathmik Vidyamandir,
Ahmedpur,Tq.Ahmedpur,
Dist.Latur.
5] Shaikh Rubina Shadul Hussain,
Age 24 years,Occu.Assistant Teacher,
Sant Dnyaneshwar Prathmik Vidyamandir,
Ahmedpur,Tq.Ahmedpur,
District: Latur.
6] Satyawan S/o Ramrao Sarole,
Age 29 years,Occu.Assistant Teacher,
Sant Dnyaneshwar Prathmik
Vidyamandir,Ahmedpur,Tq.Ahmedpur,
District: Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Shri Ganesh Shikshan Prasarak Mandal,
Ahmedpur,Tq.Ahmedpur,Dist.Latur
Through its Secretary.
5] Sant Dnyaneshwar Prathmik Vidyamandir
Ahmedpur,Tq.Ahmedpur,Dist.Latur.
Through its Headmaster. ... Respondents
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WITH
35) WRIT PETITION NO.9420 of 2014
1] Momin Vasimraja Dadamiyan,
Age 30 years,Occu.Assistant Teacher,
H.P.Urdu Primary School,Chaudharinagar,
Latur,Tq.& Dist.Latur
... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education &
Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] National Education Society,Latur,
Through its Secretary.
5] H.P. Urdu Primary School,
Chaurhdarinagar, Latur,
Through its Headmaster.
... Respondents
WITH
36) WRIT PETITION NO.9421 of 2014
1] Syed Ibrahim Syed Fatrusab,
Age 26 years,Occu.Assistant Teacher,
Dr.Zakir Hussain Marathi Primary
School,Kolhenagar, Latur,
Tq.& Dist.Latur.
2] Syed Saifullah Azamattullah
Age 33 years,Occu.Assistant Teacher,
Dr.Zakir Hussain Marathi Primary
School,Kolhenagar, Latur,
Tq.& Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education &
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Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Rashtra Jagruti Bahuuddeshiy Vikas
Sanstha, Kolhenagar, Latur,
Through its Secretary.
5] Dr.Zakir Hussain Marathi Primay School,
Kolhenagar, Latur,Tq.& Dist.Latur,
Through its Head Master.
... Respondents
WITH
37) WRIT PETITION NO.9423 of 2014
1] Nitin S/o Mahadeo Gadale,
Age 30 years, Occu.Assistant Teacher,
Vidyavikas Prathmik Vidyalaya,
Shrinagar, Latur,
Tq.& Dist.Latur.
2] Avinash S/o Mohanrao Rubade,
Age 31 years, Occu.Assistant Teacher,
Vidyavikas Prathmik Vidyalaya,
Shrinagar,Latur,Tq.& Dist.Latur.
3] Mangesh S/o Dhondiram Mansinge,
Age 28 years,Occu.Assistant Teacher,
Vidyavikas Prathmik Vidyalaya,
Shrinagar,Latur.
Tq.& Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education &
Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
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4] Shri Dnyansampada Shikshan Prasarak
Mandal,Shrinagar,Latur.
Through its Secretary.
5] Vidyavikas Prathmik Vidyalaya,
Shrinagar,Latur,Tq.&Dist Latur,
Through its Headmaster.
... Respondents
WITH
38) WRIT PETITION NO.9424 of 2014
1] Ranjitkumar S/o Kashinath Koyale,
Age 28 yers,Occu.Assistant Teacher,
Samaj Jagruti Prathmik Vidyalaya,
Murud,Tq.& Dist.Latur. ... Petitioner
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education &
Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Samaj Jagruti Shikshan Sanstha,
Murud,Tq.and Dist.Latur,
Through its Secretary.
5] Samaj Jagruti Prathmik Shala,
Murud,Tq.&Dist Latur,
Through its Headmaster.
... Respondents
WITH
39) WRIT PETITION NO.9425 of 2014
1] Pradeep S/o Limbraj Patil,
Age 27 years, Occu.Assistant Teacher,
Sarswati Prathmik
Vidyamandir,Prakashnagar, ... Petitioner
Latur,Tq.& Dist.Latur.
2] Jayanti Subhas Satpute,
Age 28 years, Occu.Assistant Teacher,
Sarswati Prathmik
Vidyamandir,Prakashnagar,
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Latur,Tq.& Dist.Latur.
3] Varsharani Giridharrao Jadhav,
Age 26 years, Occu.Assistant Teacher,
Sarswati Prathmik
Vidyamandir,Prakashnagar,
Latur,Tq.& Dist.Latur.
4] Rahul S/o Sudhakar Patil,
Age 29 years, Occu.Assistant Teacher,
Sarswati Prathmik
Vidyamandir,Prakashnagar,
Latur,Tq.& Dist.Latur.
5] Dayanand S/o Arjunrao Suryawanshi,
Age 26 years, Occu.Assistant Teacher,
Sarswati Prathmik
Vidyamandir,Prakashnagar,
Latur,Tq.& Dist.Latur.
6] Malti Ganesh Giri,
Age 24 years, Occu.Assistant Teacher,
Sarswati Prathmik
Vidyamandir,Prakashnagar,
Latur,Tq.& Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education &
Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Balvikas Shikshan Prasarak Mandal,
Latur,Tq.& Dist.Latur
Through its Secretary.
5] Sarswati Prathmik Vidyamandir,
Prakashnagar, Latur,Tq.& Dist.Latur
Through its Headmaster. ... Respondents
WITH
40) WRIT PETITION NO.9426 of 2014
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1] Anjali Rajendra Indrale,
Age 27 years,Occu.Assistant Teacher,
Janta Prathmik Vidyamandir,
Nathnagar,Latur,Tq.& Dist.Latur.
2] Anita Babureddy Guje,
Age 31 years,Occu.Assistant Teacher,
Janta Prathmik Vidyamandir,
Nathnagar,Latur,Tq.& Dist.Latur.
3] Ashwini Namdeo Ugile,
Age 28 years,Occu.Assistant Teacher,
Janta Prathmik Vidyamandir,
Nathnagar,Latur,Tq.& Dist.Latur.
4] Narhari S/o Baburao Chopade,
Age 29 years,Occu.Assistant Teacher,
Janta Prathmik Vidyamandir,
Nathnagar,Latur,Tq.& Dist.Latur.
5] Sheetal Vitthalrao Biradar,
Age 31 years,Occu.Assistant Teacher,
Janta Prathmik Vidyamandir,
Nathnagar,Latur,Tq.& Dist.Latur.
6] Vaishali Vyankatrao Gomare,
Age 30 years,Occu.Assistant Teacher,
Janta Prathmik Vidyamandir,
Nathnagar,Latur,Tq.& Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Adarsha Jivan Prasarak Mandal, Latur
Tq.& Dist.Latur
Through its Secretary.
5] Janta Prathmik Vidyamandir,
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Nathnagar,Latur,
Tq.& Dist.Latur,
Through its Headmaster. ... Respondents
WITH
41) WRIT PETITION NO.9427 of 2014
1] Sangita Vaijnath Dhumale,
Age 33 years,Occu.Assistant Teacher,
Raghuveer Prathmik Vidyamandir,
Anjali Indrale Nagar,Latur,
Tq.& Dist.Latur.
2] Jayshree Sheshrao Gulave,
Age 33 years,Occu.Assistant Teacher,
Raghuveer Prathmik Vidyamandir,
Anjali Indrale Nagar,Latur,
3] Rameshwar S/o Namdeo Chat,
Age 32 years,Occu.Assistant Teacher,
Raghuveer Prathmik Vidyamandir,
Anjali Indrale Nagar,Latur,
Tq.& Dist.Latur.
4] Sudhri S/o Sureshrao Indrale,
Age 28 years,Occu.Assistant Teacher,
Raghuveer Prathmik Vidyamandir,
Anjali Indrale Nagar,Latur,
Tq.& Dist.Latur,
5] Laxman S/o Pandit Indrale,
Age 26 years,Occu.Assistant Teacher,
Raghuveer Prathmik Vidyamandir,
Anjali Indrale Nagar,Latur,
Tq.& Dist.Latur,
6] Ram S/o Gyanoba Malkampatte,
Age 25 years,Occu.Assistant Teacher,
Raghuveer Prathmik Vidyamandir,
Anjali Indrale Nagar,Latur,
Tq.& Dist.Latur. ... Petitioners
7] Balasaheb S/o Dnyanoba Gurme,
Age 34 years,Occu.Assistant Teacher,
Raghuveer Prathmik Vidyamandir,
Anjali Indrale Nagar,Latur,
Tq.& Dist.Latur.
8] Nivrutti S/o Uttamrao Bembade,
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Age 24 years,Occu.Assistant Teacher,
Raghuveer Prathmik Vidyamandir,
Anjali Indrale Nagar,Latur,
Tq.& Dist.Latur,
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Adarsha Jivan Prasarak Mandal, Latur
Tq.& Dist.Latur Through its Secretary
5] Raghuveer Prathmik Vidyamandir,
Anjali Indrale Nagar,Latur,
Tq.& Dist.Latur,
Through its Headmaster. ... Respondents
WITH
42) WRIT PETITION NO.9428 of 2014
1] Sachin S/o Vyankat Giri,
Age 28 years, Occu.Asst Teacher,
Jaihind Prathmik Vidyalaya, Latur, Now
named and styled as Aksharnandan
Prathmik Vidyalaya, Latur
2] Kiran S/o Shamrao Salunke,
Age 22 years, Occu.Asst Teacher,
Jaihind Prathmik Vidyalaya, Latur, Now
named and styled as Aksharnandan
Prathmik Vidyalaya, Latur
3] Maruti S/o Vishnukant Muskawad,
Age 27 years, Occu.Asst Teacher,
Jaihind Prathmik Vidyalaya, Latur, Now
named and styled as Aksharnandan
Prathmik Vidyalaya, Latur
4] Ku.Anjutai Bhausaheb Kale,
Age 24 years, Occu.Asst Teacher,
Jaihind Prathmik Vidyalaya, Latur, Now
named and styled as Aksharnandan
Prathmik Vidyalaya, Latur
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5] Dnyanesh S/o Ashokrao Gavane,
Age 26 years, Occu.Asst Teacher,
Jaihind Prathmik Vidyalaya, Latur, Now
named and styled as Aksharnandan
Prathmik Vidyalaya, Latur
6] Sayyad Nadim Mustafa
Age 29 years, Occu.Asst Teacher,
Jaihind Prathmik Vidyalaya, Latur, Now
named and styled as Aksharnandan
Prathmik Vidyalaya, Latur
7] Pooja Abhangrao Biradar,
Age 22 years, Occu.Asst Teacher,
Jaihind Prathmik Vidyalaya, Latur, Now
named and styled as Aksharnandan
Prathmik Vidyalaya, Latur
8] Vaibhav S/o Sharadkumar Durugkar,
Age 22 years, Occu.Asst Teacher,
Jaihind Prathmik Vidyalaya, Latur, Now
named and styled as Aksharnandan
Prathmik Vidyalaya, Latur
9] Anilkumar S/o Gulabrao Naik,
Age 26 years, Occu.Asst Teacher,
Jaihind Prathmik Vidyalaya, Latur, Now
named and styled as Aksharnandan
Prathmik Vidyalaya, Latur ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Bhartiy Dnyanvardhini Lokvidas Sanstha,
Helamb Tq.Devani,Dist.Latur
Through its Secretary.
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5] Jaihind Prathmik Vidyalaya,Latur,
Now named and styled as
Aksharnandan Prathmik Vidyalaya,Latur
Through its Headmaster. ... Respondents
WITH
43)WRIT PETITION NO.9525 of 2014
1] Baliram S/o Salba Jagtap,
Age 31 years,Occu.Service as
Assistant Teacher,Gyanba More
Primary School,Latur,
Tal. and District Latur.
2] Nitin S/o Anandrao Samukhrao,
Age 30 years,Occu.Service as
Assistant Teacher,Gyanba More
Primary School,Latur,
Tal. and District Latur.
3] Nitin S/o Shivajirao Patil,
Age 28 years,Occu.Service as
Assistant Teacher,Gyanba More
Primary School,Latur,
Tal. and District Latur.
4] Bibhishan S/o Babruwan Pawar,
Age 27 years,Occu.Service as
Assistant Teacher,Gyanba More
Primary School,Latur,
Tal. and District Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Shiv Chatrapti Shikshan Sanstha,
Latur,Tal and Dist.Latur,
Through its Secretary.
5] Gyanba More Primary School,
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Latur,Tal. And Dist.Latur,
Through its Headmaster.
... Respondents
WITH
44) WRIT PETITION NO.9535 of 2014
1] Pradip S/o Suryakant Biradkar,
Age 25 years, Occu.Service as
Shikshan Sevak, Shri Datta Prathamik
vidya Mandir,Datta Nagar,
Udgir Mandir,Datta Nagar,
Udgir,Tal Udgir,Dist.Latur.
2] Sudhir S/o Hanmantrao Wadikar,
Age 24 years, Occu.Service as
Shikshan Sevak, Shri Datta Prathamik
Vidya Mandir,Datta Nagar,
Udgir,Tal Udgir,Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Shri Gajanan Maharaj Shikshan Sanstha,
Udgir,Tal.Udgir,Dist.Latur,
through its Secretary.
5] Shri Datta Prathamik
Vidya Mandir, Datta Nagar,
Udgr, Tal Udgir,District Latur,
Through its Headmaster. ... Respondents
WITH
45) WRIT PETITION NO.9537 of 2014
1] Ganesh S/o Dnyanoba Mane,
Age 30 years,Occu.Service as
Shikshan Sevak,Ramrao Patil Prathmik
vidya Mandir,Handarguli,
Tq.Udgir Dist.Latur.
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2] Shivanand S/o Guruling Swami,
Age 27 years,Occu.Service as
Shikshan Sevak,Ramrao Patil
Prathmik Vidya Mandir,Handarguli,
Tq.Udgir,Dist.Latur ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,
Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Kai.Shri.Narayanrao Patil Shikshan
Prasarak Mandal,Handarguli,
Tal.Udir,Dist.Latur,
Through its Secretary.
5] Ramrao Patil Prathmik Vidyamandir
Hamdarguli,Tal.Udgir,Dist.Latur,
Through its Headmaster.
... Respondents
WITH
46) WRIT PETITION NO.9538 of 2014
1] Kiran S/o Arjunrao Kallurkar,
Age 26 years,Occu.Service as
Shikshan Sevak,Maharashtra Primary
School,Majage Nagar,
Latur,Tal.& Dist.Latur.
2] Mangesh S/o Kamlakar Suryawanshi,
Age 25 years,Occu.Service as
Shikshan Sevak,Maharashtra Primary
School,Majage Nagar,
Latur,Tal.& Dist.Latur.
3] Uddhav S/o Vittalrao Chame,
Age 28 years,Occu.Service as
Shikshan Sevak,Maharashtra Primary
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School,Majage Nagar,
Latur,Tal.& Dist.Latur.
4] Gajanan S/o Vijaykumar Shelke,
Age 27 years,Occu.Service as
Shikshan Sevak,Maharashtra Primary
School,Majage Nagar,
Latur,Tal.& Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Jaikranti Shikshan Prasarak Mandal,
Kavha,Tal.& Dist.Latur,
Through its Secretary.
5] Maharashtra Primary School,
Majage Nagar,Latur,
Ta.& Dist.Latur,
Through its Headmaster. ... Respondents
WITH
47) WRIT PETITION NO.9539 of 2014
1] Santosh S/o Mahadeorao Suryawanshi,
Age 28 years, Occu.Service as
Assistant Teacher, Kulswamini
Prathmik Vidyamandir,Latur,
Tal. And Dist.Latur.
2] Rajendra S/o Rohidas Waghmare,
Age 30 years, Occu.Service as
Assistant Teacher, Kulswamini
Prathmik Vidyamandir,Latur,
Tal. And Dist.Latur.
3] Archana Gangaram Sagar,
Age 28 years, Occu.Service as
Assistant Teacher, Kulswamini
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Prathmik Vidyamandir,Latur,
Tal. And Dist.Latur.
4] Ajit S/o Angadrao Kendre,
Age 27 years, Occu.Service as
Assistant Teacher, Kulswamini
Prathmik Vidyamandir,Latur,
Tal. And Dist.Latur.
5] Kanta Vitthalrao Kadam,
Age 29 years, Occu.Service as
Assistant Teacher, Kulswamini
Prathmik Vidyamandir,Latur,
Tal. And Dist.Latur.
6] Usha Ram Reddy,
Age 28 years, Occu.Service as
Assistant Teacher, Kulswamini
Prathmik Vidyamandir,Latur,
Tal. And Dist.Latur.
7] Sadashiv S/o Narshingrao Jadhav,
Age 28 years, Occu.Service as
Assistant Teacher, Kulswamini
Prathmik Vidyamandir,Latur,
Tal. And Dist.Latur.
8] Sheetal Dnyanoba Bhandare,
Age 29 years, Occu.Service as
Assistant Teacher, Kulswamini
Prathmik Vidyamandir,Latur,
Tal. And Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Abhinav Bahu-Uddeshiya Shikshan
Prasarak Mandal,Narayan Nagar,
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Latur,Tal. And Dist.Latur,
Through its Secretary.
5] Kulswamini Prathmik Vidya Mandir,
Latur,Tal. And Dist.Latur.
Through its Headmaster. ... Respondents
WITH
48) WRIT PETITION NO.9549 of 2014
1] Bapurao S/o Umakant Rayphale,
Age 30 years, Occu.Service as
Assistant Teacher, Nutan Marathi
Primary School,Ahmedpur,
Tal.Ahmedpur,Dist.Latur. ... Petitioner
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Lokayat Charitable Trust,
Ahmedpur,Tal.Ahmedpur,
District Latur,
Through its Secretary.
5] Nutan Marathi Primary School,
Ahmedpur,Tal.Ahmedpur,
Through its Headmaster. Respondents
...
WITH
49) WRIT PETITION NO.9550 of 2014
1] Pramod S/o Gurunath Bhanji,
Age 24 years, Occu.Service as
Shikshan Sevak,Mahesh Prathmik
Vidyamandir,Udgir,
Tal.Udgir,District Latur.
2] Gangadhar S/o Vitthalrao Pichare,
Age 27 years, Occ.Service as
Shikshan Sevak, Mahesh
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Prathmik Vidyamandir,Udgir,
Tal.Udgir,District Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Mahesh Shikshan Prasarak Mandal,
Udgir,Tal.Udgir, District Latur,
Through its Secretary.
5] Mahesh Prathmik Vidyamandir,
Udgir,Tal.Udgir, District Latur,
Through its Headmaster. ... Respondents
WITH
50) WRIT PETITION NO.9551 of 2014
1] Dnyanoba S/o Manohar Dongre,
Age 26 years,Occu.Service as
Shikshan Sevak, Uday Primary
School,Udgir,Tal.Udgir,Dist Latur.
2] Amol S/o Mohanrao Kamble,
Age 26 years,Occu.Service as
Shikshan Sevak, Uday Primary
School,Udgir,Tal.Udgir,Dist. Latur.
3] Devidas S/o Tulshiram Kamble,
Age 28 years,Occu.Service as
Shikshan Sevak, Uday Primary
School,Udgir,Tal.Udgir,Dist. Latur.
4] Muktabai Ashok Patwari
Age 27 years,Occu.Service as
Shikshan Sevak, Uday Primary
School,Udgir,Tal.Udgir,Dist. Latur.
VERSUS
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1] The State of Maharashtra,
Through its Secretary School Education &
Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Champawati Shikshan Prasarak Mandal,
Chapoli,Tal.Chakur,Dist.Latur,
Through its Secretary.
5] Uday Primary School,
Udgir,Tal.Udgir,Dist.Latur,
Through its Headmaster. ... Respondents
WITH
51) WRIT PETITION NO.9552 of 2014
1] Anita Shivanand Khandare,
Age 28 years,Occu.Service as
Shikshan Sevak,Shrihari Prathmik
Viday Mandir,Hadolati,
Tal.Ahmedpur,District Latur.
2] Gajanan S/o Shivraj Kotsulwar,
Age 28 years, Occ.Service as
Shikshan Sevak,Shrihari Prathmik
Vidya Mandir,Hadolati,
Tal.Ahmedpur,District Latur.
3] Nandkishor S/o Namdeorao Virale
Age 28 years, Occ.Service as
Shikshan Sevak,Shrihari Prathmik
Vidya Mandir,Hadolati,
Tal.Ahmedpur,District Latur.
4] Dhondiram S/o Balaji Chapade,
Age 26 years, Occ.Service as
Shikshan Sevak,Shrihari Prathmik
Vidya Mandir,Hadolati,
Tal.Ahmedpur,District Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
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Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Kisan Shikshan Prasarak Mandal,
Hadolati,Tal.Ahmedpur,Dist.Latur,
Through its Secretary.
5] Shrihari Prathmik Vidyamandir,
Hadolati, Tal.Ahmedpur,Dist.Latur,
Through its Headmaster. ... Respondents
WITH
52) WRIT PETITION NO.9553 of 2014
1] Shivaji S/o Maroti Pawar,
Age 32 years,Occu.Service as
Assistant Teacher Yashwantrao Chavan
Prathmik Vidyalaya,
Chakur,Tal.Chakur, District Latur.
2] Poonam D/o Ulhasrao Kendre,
Age 31 years,Occu.Service as
Assistant Teacher Yashwantrao Chavan
Prathmik Vidyalaya, Chakur, Tal.Chakur,
District Latur.
3] Pathan S/o Javedkhan Mustafa,
Age 29 years,Occu.Service as
Assistant Teacher Yashwantrao Chavan
Prathmik Vidyalaya, Chakur, Tal.Chakur,
District Latur.
4] Sayyed Ajaj Ahmed Turabali,
Age 30 years,Occu.Service as
Assistant Teacher Yashwantrao Chavan
Prathmik Vidyalaya,Chakur, Tal.Chakur,
District Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
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& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Dr.Zakir Hussain Shikshan
Prasarak Mandal,Chakur,
Tal.Chakur,Dist.Latur,
Through its Secretary.
5] Yashwantrao Chavan Primary
School,Chakur,Tal.Chakur,
District Latur, ... Respondents
Through its Headmaster.
WITH
53) WRIT PETITION NO.9683 of 2014
1] Atul S/o Gopalrao Shinde,
Age 34 years,Occu.Service as
Assistant Teacher,Lal Bahadur Shastri
Primary School, Shivaji Nagar, Hadga
Road,Nilanga,
Tal.Nilanga,Disrict Latur.
2] Mahesh S/o Prakashrao Shinde,
Age 26 years,Occu.Service as
Assistant Teacher,Lal Bahadur Shastri
Primary School,Shivaji Nagar, Hadga
Road,Nilanga,
Tal.Nilanga,Disrict Latur.
3] Digambar S/o Sanjeev Thete,
Age 32 years,Occu.Service as
Assistant Teacher,Lal Bahadur Shastri
Primary School,Shivaji Nagar, Hadga
Road,Nilanga,
Tal.Nilanga,Disrict Latur.
4] Namdeo S/o Babu Kurmude,
Age 27 years,Occu.Service as
Assistant Teacher,Lal Bahadur Shastri
Primary School,Shivaji Nagar, Hadga
Road,Nilanga,
Tal.Nilanga,Disrict Latur.
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5] Amit S/o Mallikarjun Doke,
Age 28 years,Occu.Service as
Assistant Teacher,Lal Bahadur Shastri
Primary School,Shivaji Nagar, Hadga
Road,Nilanga, ... Petitioners
Tal.Nilanga,Disrict Latur.
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Lal Bahadur Shastri Mission,Nilanga,
Shivaji Nagar,Hadaga Raod,
Nilanga,Tal.Nilanga,Dist.Latur,
Through its Secretary.
5] Lal Bahadur Shastri Primary School,
Shivaji Nagar,
Hadaga Road,Nilanga,
Tal.Nilanga,District Latur.
Through its Headmaster. ... Respondents
WITH
54) WRIT PETITION NO.9729 of 2014
1] Shaikh Feroz Salimoddin,
Age 28 years,Occu.Assistant Teacher,
Maulana Azad Urdu Prathmik Shala,Murud,
Tq.& Dist.Latur.
2] Sayyed Muzafir Navajoddin
Age 29 years,Occu.Assistant Teacher,
Maulana Azad Urdu Prathmik Shala,Murud,
Tq.& Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
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Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Johurool Kura Bahuuddeshiya Sanstha,
Murud, Tq.& Dist.Latur.
Through its Secretary.
5] Maulana Azad Urdu Prathmik Shala,
Murud, Tq.& Dist.Latur.
Through its Headmaster. ... Respondents
WITH
55) WRIT PETITION NO.9730 of 2014
1] Mrs.Shaikh Bismilla Hameedsab,
Age 25 years, Occu.Assistant Teacher,
Azad Prathmik Shala,Latur,
Latur,Tq.& Dist.Latur.
2] Mrs.Shaikh Rahema Hameedsab,
Age 25 years, Occu.Assistant Teacher,
Azad Prathmik Shala,Latur,
Latur,Tq.& Dist.Latur.
3] Shaikh Abdul Kadar Aziz,
Age 31 years, Occu.Assistant Teacher,
Azad Prathmik Shala,Latur,
Tq & Dist.Latur.
4] Mahesh S/o Balaji Nalawade,
Age 30 years, Occu.Assistant
Teacher,Azad Prathmik Shala,Latur,
Latur,Tq.& Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
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4] Dnyansagar Education Society,
Jaynagar, Malwati Raod, Latur,
Tq.& Dist.Latur,
Through its Secretary.
5] Azad Prathmik Shala,Jaynagar,
Malwati Raod, Latur,Tq.& Dist.Latur.
Through its Headmaster. ... Respondents
WITH
56) WRIT PETITION NO.9734 of 2014
1] Sachin S/o Atmaram Jadhav,
Age 27 years, Occu.Assistant Teacher,
Tuljabhavani Prathmik Vidyamandir, Sant
Dnyaneshwar Nagar,Latur, Tq.&
Dist.Latur.
4] Ayodhya Shivaji Nikam,
Age 25 years, Occu.Assistant Teacher,
Tuljabhavani Prathmik Vidyamandir, Sant
Dnyaneshwar Nagar,Latur, Tq.&
Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Ambika Bahuuddeshiy Mahila Mandal,
Rohina,Tq.Chakur,Dist.Latur,
Through its Secretary.
5] Tuljabhavani Prathmik Vidyamandir,
Sant Dnyaneshwar Nagar,Latur,
Tq.& Dist.Latur.
Through its Headmaster. ... Respondents
WITH
57) WRIT PETITION NO.9738 of 2014
1] Kalpana Ramesh Navghare,
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Age 28 years, Occu.Assistant Teacher,
Rajmata Jijamata Prathmik Vidyamandir,
Shivnagar,Latur,
Tq.& Dist.Latur
2] Dharu Sambhaji Suryawanshi,
Age 27 years,Occu.Assistant Teacher,
Rajmata Jijamata Prathmik Vidyamandir,
Shivnagar, Latur,
3] Santosh Aneappa Malge,
Age 32 years,Occu.Assistant Teacher,
Rajmata Jijamata Prathmik
Vidyamandir,Shivnagar, Latur,
4] Anusaya Bandu Munde,
Age 29 years,Occu.Assistant Teacher,
Rajmata Jijamata Prathmik
Vidyamandir,Shivnagar, Latur,
Tq.& Dist.Latur
5] Swati Prakash Kendre,
Age 24 years,Occu.Assistant Teacher,
Rajmata Jijamata Prathmik
Vidyamandir,Shivnagar,Latur,
Tq & Dist.Latur.
6] Satyawan S/o Shriram Deshpande,
Age 35 years,Occu.Assistant Teacher,
Rajmata Jijamata Prathmik Vidyamandir,
Shivnagar, Latur,Tq.& Dist.Latur
7] Mangesh S/o Mohanrao Bhosale,
Age 26 years,Occu.Assistant Teacher,
Rajmata Jijamata Prathmik
Vidyamandir,Shivnagar, Latur,Tq.&
Dist.Latur
8] Pravin S/o Shridhar Biradar,
Age 25 years,Occu.Assistant Teacher,
Rajmata Jijamata Prathmik Vidyamandir,
Shivnagar, Latur,Tq.& Dist.Latur
9] Snehal Shivajirao Misal,
Age 26 years,Occu.Assistant Teacher,
Rajmata Jijamata Prathmik Vidyamandir,
Shivnagar, Latur, ... Petitioners
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VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Kendre Charitable Trust, Latur, Through
its Secretary.
5] Rajmata Jijamata Prathmik Vidyamandir,
Shivnagar, Latur, Through its
Headmaster.
... Respondents
WITH
58) WRIT PETITION NO.9743 of 2014
1] Lingeshwar S/o Baburao Bhete,
Age 26 years, Occu.Assistant Teacher,
Shri Mahatma Basweshwar Prathmik
Vidyamandir, Sut Mill Raod,Latur, Tq.&
Dist.Latur.
2] Pritee Laxmikant Bansode,
Age 23 years, Occu.Assistant Teacher,
Shri Mahatma Basweshwar Prathmik
Vidyamandir, Sut Mill Raod,Latur, Tq.&
Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
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4] Mahatma Basweshwar Shikshan Sastha,
Signal Camp,Latur,Tq.& Dist.Latur,
Through its Secretary.
5] Shri Mahatma Basweshwar Prathmik
Vidyamandir,Sut Mull Road,
Latur,Tq.& Dist.Latur. ... Respondents
Through its Headmaster.
WITH
59) WRIT PETITION NO.9873 of 2014
1] Sharad S/o Madhukarrao Khonde,
Age:25 years,Occu.Service as a
Shikshan Sevak,
R/o: Ahmedpur,Tq.Ahmedpur
Dist.Latur.
2] Ku.Sneha D/o Marutirao Biradar,
Age 24 years,Occu.Service as a
Shikshan Sevak,
R/o Ahmedpur,Tq.Ahmedpur,
Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Education Officer(Primary),
Zilla Parishad,Latur.
3] Kisan Shikshan Prasarak Mandal,
Udgir,Tq.Udgir,
Dist.Latur.
Through its Secretary.
4] Mahatma Phule Primary School,
Ahmedpur,Tq.Ahmedpur,
Dist.Latur.
Through its Headmaster. ... Respondents
WITH
60) WRIT PETITION NO.9928 of 2014
1] Gajanan S/o Madhavrao Dhuse Patil,
Age 28 years,Occu.Service,
R/o Loha,Tq.Loha,Dist.Nanded ... Petitioner
VERSUS
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1] The State of Maharashtra,
Through its Secretary School Education
Department, Mantralaya,Mumbai-32.
2] The Director of Education(Primary),
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Lokayat Charitable Trust,
Ahmedpur,Tq.Ahmedpur,
Dist.Latur,through its Secretary.
5] The Head Master,
Nutan Marathi Primary School,
Ahmedpur,Tq.Ahmedpur,
Dist.Latur. ... Respondents
WITH
61) WRIT PETITION NO.10432 of 2014
1] Shripad S/o Shashikant Helambkar,
Age 26 years,Occu.Service as Shikshan
Sevak,Sardar Wallabhbhai Patel Primary ... Petitioner
School, Udgir,
Tal.Udgir,District Latur.
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 Education Officer(Primary),
Zilla Parishad,Latur.
4] Mahesh Dnyan Vikas Mandal,
Latur,Tal & Dist.Latur,
Through its Secretary.
5] Sarar Wallabhbhai Patel
Primary School,Udgir,
Tal.Udgir,District Latur,
Through its Headmaster. ... Respondents
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Advocates for the petitioners in
respective petitions:
Mr. V. S. Panpatte, Advocate
Shri.N.B.Khandare, Advocate h/for Shri M.P.Tripathi,
Advocate
Shri V.D.Gunale, Advocate,
shri S.R.Choukidar,Advocate h/for Shri.S.B.Salunke,
Shri H.V.Patil,Advocate,
Shri P.G.Rodge,Advocate,
Shri V.D.Solanke,Advocate,
Shri S.G.Rudrawar,Advocate,
Shri P.S.Shendrunikar,Advocate,
Shri B.A.Shinde,Advocate,
Shri U.P.Giri, Advocate
Shri Y.P.Deshmukh Advocate in CP 560/2015
Advocates for the respondents in respective petitions:
Mrs.A.V.Gondhalekar, Addl. Govt. Pleader for R.1 to 3.
Shri U.B.Bondar,Advocate for Z.P. Latur in all Writ
Petitions.
Shri V.S.Kodale,Advocate for R.5 & 6 in WP 149/15
Shri N.G.Kale,Advocate for R-4 & 5 in WP 711/15.
Shri K.J.Kore,ADvocate for R-4 and 5 in WP 6586/15
Shri P.R.Tandle,Advocate for R-3 in WP 6586/15
Shri B.A.Shinde Advocate for R.4 and 5.
CORAM : S. V. GANGAPURWALA &
K. L. WADANE, JJ.
RESERVED ON : 9th March, 2017.
PRONOUNCED ON : 5h May, 2017
JUDGMENT (Per S. V. Gangapurwala, J):
1. Rule. Rule made returnable forthwith. With consent
of parties, the petitions are taken up for final disposal.
2. Heard the learned counsel for the parties.
3. All these writ petitions assail the Government
Resolution dated 02.12.2014 issued by the School Education
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Department, Government of Maharashtra, Mantralaya, Mumbai
to the extent of condition to grant permission to the
additional divisions of the schools from the years 2014-
2015 on non grant basis. The petitioners further seek
relief that the same is required to be granted from the
year 2010-11 as was granted by the Education Officer
Latur, pursuant to his order in July, 2011 and that too on
grant-in-aid basis.
4. All these petitions are based on similar set of
facts and involve common questions. To avoid rigmarole,
they are decided together.
5. The learned counsel for respective petitioners so
also the learned Addl. Government Pleader and the learned
counsel for the Education Officer have advanced their
arguments.
6. Mr. Khandare, the learned counsel for some of the
petitioners submits that the divisions which were already
sanctioned to various schools were declared surplus for
want of sufficient students. They were closed. Such
divisions were sanctioned and absorbed with the schools
where the strength of students existed and the additional
divisions were admissible by virtue of the order passed by
the Education Officer in July, 2011. The learned counsel
submits that the Education Officer was competent to
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sanction, allot divisions at his level. Moreover, the
enquiry was conducted, enquiry reports were received by the
Government. The Ghodmode Committee was appointed for
holding enquiry. The said Committee submitted report to the
Government. Due to the objections regarding conduct of the
enquiry and to the report, the Government was required to
give second thought to the problem. The said report was not
accepted. A decision to hold enquiry afresh was taken.
Physical inspection of the school was made in order to
find out the actual physical strength of the students. On
receipt of the report of the inspection, the Government
Resolution dated 02.12.2014 was issued. Out of 58 schools
to which divisions were allotted, 37 schools having 147
divisions are found to be legal. Out of 20 schools, reports
regarding 14 schools have been received, however no
decision for legalization of divisions in these 14 school
is taken. The learned counsel submits that the said
Government Resolution dated 02.12.2014 states that
appointment of the teachers would be considered on no
grant basis from the year 2013-2014 as per existing grant-
in-aid norms. The petitioners are objecting to the said
conditions.
7. According to the learned counsel, the Maharashtra
Employees of Private Schools (Conditions of Service)
Regulation Act, 1977 regulates the service conditions of
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the employees. Rules have been framed, regulating the
procedure. Field of grant of permission to open schools,
sanction of additional divisions in existing schools,
sanction of new divisions, required students for
maintaining such divisions etc. is governed by the
Executive instructions and not the Act passed by the
Legislature. Time to time, the Government resolutions and
circulars are issued. The staffing pattern is sanctioned
considering the number of divisions in the schools. The
sanction of divisions is linked with the number of
students studying in the class. The policy is ever
changing.
The learned counsel submits that the parliament, by
virtue of 86th Amendment Act, 2002, inserted Article 21-A
thereby making right to education a fundamental right for
the students within the age group of 6 to 14 years. They
have fundamental right to free education. The same would
include payment of salary to the teacher so that students
within the said age group would not require to pay for the
same. The learned counsel submits that in order to
implement the Constitutional Policy enshrined under Article
21-A of the Constitution of India, the parliament enacted
"The Right of Children to Free and Compulsory Education
Act, 2009 (hereinafter referred to as the Right to
Education Act). The same was enforced from the year 2010.
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The learned counsel submits that the edifice of the Right
to Education Act is based upon free and compulsory
education up to the age of 14 years and quality education.
8. The learned counsel submits that because of
introduction of the Right to Education Act, the statutory
obligation is cast upon the Government to shoulder the
responsibility of providing funds for carrying out the
provisions of the Act. Reference can be had to Section 7 of
the said Act. Section 8 of the Act mandates appropriate
Government to provide free and compulsory elementary
education for every child. Section 25 of the Right to
Education Act makes provisions of pupil and teacher ratio
as specified in schedule to the Act and further makes it
compulsory to maintain the said ratio. Thus, the change is
brought in by the Right to Education Act providing the
pupil- teacher ratio linked directly to the strength of
students in the particular school and as such now the same
would not be regulated by the executive instructions but
by the provisions of the statutes enacted by the
Parliament. The learned counsel further submits that the
instructions issued from to time under Government
Resolutions or circulars, earlier were superseded by one
such Government Resolution dated 13.12.2013. The said
Government Resolution clearly states that the norms for
grant of divisions issued and which were in existence have
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been superseded after the enforcement of the Right to
Education Act. The learned counsel submits that time and
again, the Government Resolutions and circulars are issued
with a view to enforce the provisions of the Right to
Education Act, thereby prescribing procedure for
determining the posts of teacher with reference to the
strength of students in a particular school.
9. The learned counsel states that two circulars dated
10.05.2010, 18.06.2010 and Government Resolution dated
14.11.2013 are placed on record. The learned counsel also
relies on the Government Resolution dated 28.08.2015 to
contend that the said Government Resolution is issued
after the impugned Government Resolution which clearly
mentions the fact that division system has been abolished
and therefore strength of students available in the class
is required to be considered for grant of post of teacher.
According to the leaned counsel, the Government Resolution
dated 02.12.2014 is contrary to the Government Resolution
dated 02.12.2015 and Government Resolution dated
14.11.2013 so also de hors the provisions of the Right to
Education Act. The same is not in consonance with the
object and spirit of the Right to Education Act. The
Government cannot exercise any powers contrary to the
provisions of the Right to Education Act. The action taken
by the authorities by virtue of Government Resolution
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dated 02.12.2014 and letter dated 04.08.2014 and other
instructions are contrary to the Constitutional Scheme
envisaged under Article 21-A and the provisions of the
Right to Education Act. In the impugned Government
Resolution, the appointment of teachers are not considered
on the basis of strength of students as contemplated under
the Right to Education Act but on the basis of divisions
sanctioned in a particular school. The Government
Resolution dated 02.12.2014 though speaks of the provisions
of the Right to Education Act, however, the same is
contrary to the provisions of the said Act and is based on
the earlier Government Resolutions and it only takes into
consideration the order passed by the Education Officer
without considering the pupil- teacher ratio. The
appointment of the teachers commensurate with the strength
of the students is required to be considered on grant-in-
aid basis.
10. Mr. Khandare, the learned counsel further submits
that the Right to Education Act is a Central Enactment and
the same will prevail over all other statute and, the
provisions of the Right to Education Act will have to be
applied with all its vigors. The learned counsel relies
judgment of the Apex court in a case of Kalyani Mathivanan
Vs. K. V. Jeyaraj and others, reported in (2015) 6 Supreme
Court cases 363.
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11. The learned counsel further submits that the the
essential object and purpose of the Right to Education Act
is to provide access to justice to primary school
teachers. The Constitutional Guarantee of free and
compulsory primary education is given practical content by
the Act. The learned counsel relies on the judgment of
Division Bench of this Court in case of Litaka Rajaram Mane
Vs. State of Maharashtra, reported in 2013 (4) Mh.L.J.
244.
12. Mr.Panpatte, the learned counsel for some of the
petitioners canvassed the following submissions:
The Education Officer had sanctioned the divisions
of the schools, the said divisions were earlier attached
with the schools which were closed down and the Education
Officer has the necessary power to sanction the grant-in-
aid divisions of the closed schools to the existing
schools where these additional divisions are admissible. To
substantiate the contention, the learned counsel relies on
the Government Resolution dated 06.12.2007 and 12.06.2007
and communication dated 20.11.2008. The learned counsel
submits that while issuing the Government Resolution dated
02.12.2014, the State has lost sight of these Government
Resolutions. When the Education Officer has been empowered
to sanction such divisions and when even upon enquiry, it
is found that the divisions/additional divisions which are
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sanctioned to the schools are permissible as per the
strength of the students, then there was no necessity to
further issue Government Resolution and thereby stating
that the same is granted on no grant basis from the
academic year 2013-2014.
13. The learned counsel further submits that even an
enquiry committee was appointed by the Government to
submit the detail report with regard to the divisions,
additional divisions sanctioned by the Education Officer;
report was submitted and it was found that additional
divisions are admissible. The learned counsel submits that
even while passing the impugned orders and the Government
Resolution, opportunity of hearing was not given to the
petitioners which is contrary to the Government Resolution
dated 06.02.2012. According to the learned counsel even
exercise was done of an enquiry and it was found that out
of 58 schools to which the additional divisions were
sanctioned, in 38 schools, 147 divisions were sanctioned
and they were found to be having adequate strength of
students for the sanction of additional divisions. The
names of the petitioners, Institutions and the teachers
appointed therein appears in the accompaniment of the
Government Resolution dated 02.12.2014.
14. The learned counsel further submits that many of the
petitioners have been granted approval and acquired right
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in their favour but the same was not looked into while
issuing the impugned Government Resolution and stating that
the said posts held by the teachers would be considered on
no grant basis. The Right to Education Act no where
contemplates to give grant in aid in a phased manner. This
aspect is also not considered by the authorities while
taking the decision. The appointment of these teachers
cannot be held to be illegal. They are in continuous
employment since 2010. Provisions for grant-in-aid is
available in the budgetary provisions of the State
Government. Even the salaries of some of the petitioners
were drawn from the grant admissible. The decision to
convert the posts held by teachers appointed on the said
posts to no grant basis is bad in law. The learned counsel
further submits that the respondents have failed to
demonstrate as to how and in what manner the decision of
the Education Officer to transfer the divisions of the
closed down schools or divisions which were held to be
inadmissible for continuation for want of students and
attaching the same with the Institutions where there is
adequate strength, requires either prior approval or
concurrence or permission from higher officials. The
Education Officer was within his right to sanction the said
additional divisions as per the Government Resolution dated
12.06.2007 and 06.12.2007. If impugned Government
Resolution is allowed to operate, then these persons who
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have been appointed will have to wait for further 7 to 8
years to become eligible for grant insptie of the facts
that the posts held by them is having budgetary
provisions, however, the same was not utilized. To that
extent the Government Resolution dated 02.12.2014 is bad in
law.
15. The learned counsel further submits that perusal of
the provisions of the Right to Education Act would reveal
that the staff sanction and determination is governed by
Rules framed under section 25 of the Right to Education
Act. Even Government Resolution dated 20.08.2015 lays down
that it is the Education Officer who is authorized in law
to determine the staff sanction and prior permission of the
State Government is no where contemplated. All the schools
in the State either run by State Government, local self
government or private schools, whether receiving grant in
aid or not are governed by the Right to Education Act. As
such, it does not lie in the mouth of the Government to
state that before the Education Officer takes decision to
attach the closed division to another school, consultation
with the State Government is necessary.
16. The learned counsel further submits that the
provisions of the Right to Education Act makes it
compulsory to make available the facility of education in
all areas within the vicinity of two kms. The impugned
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Government Resolution does not take into account the said
provisions of the Right to Education Act. The posts held
by these persons appointed pursuant to the order of the
Education Officer sanctioned in these additional divisions
have been found to be admissible as per the fresh roll
verification done. In such a situation, decision to
convert the posts held by the petitioners from admissible
to grant into non grant in aid post is unsustainable and
does not stand to any reason.
17. Mr. Panpatte, the learned counsel relies on the
judgment of the Apex Court in a case of Mohinder Singh Gill
Vs. Chief Election Commissioner, New Delhi, reported in
1978 (1) SCC 405 to contend that what is not stated in the
impugned order cannot be supplemented by affidavit. The
learned counsel further relies on the judgment of the Apex
Court in a case of Pramati Educational & Cultural Trust &
others Vs.Union of India (Writ Petition (C) No.416/2012
with connected petitions, decided on 06.05.2014), so also
the judgment of the Apex Court in case of Ms Mohini Jain
Vs. State of Karnataka reported in AIR 1992 Supreme Court
1858(1) submits that Apex Court has also upheld the said
enactment i.e. Right to Education Act and further observed
that the said Act intends to achieve the constitutional
goal of equality of opportunity through inclusive
elementary education to all. The learned counsel submits
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that it is the State who would be funding for free
education of the children belonging to weaker sections.
Under section 12(2) of the Right to Education Act, the
school is to be reimbursed for the expenses to the extent
of per child expenditure incurred by it. The provisions are
incorporated in furtherance of the object underlying
Article 21-A of the Constitution to provide free and
compulsory education.
18. Mr. Panpatte, the learned counsel also relies on the
judgment of Division bench of this Court in the case of Ku.
Sunanda dhondiram Wadje Vs. The State of Maharashtra and
others, delivered in Writ Petition No. 5186/2004 dated 27 th
June, 2005 to contend that even assuming that the
Education Officer has committed illegality while granting
approval, the same cannot be corrected at the cost of the
rights of the petitioners being abridged and violated
19. Mr.Chaukidar, the learned counsel holding for Mr.
Solunke, the learned counsel for some of the petitioners,
submits that the petitioners i.e. teachers are appointed by
following due procedure of law and their services are
continued. The learned counsel submits that all divisions
which are allotted were closed down long back and the
teachers working in closed down divisions were already
accommodated in other schools and at that time there were
no surplus teachers. The petitioners were appointed on
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these sanctioned divisions and as such are eligible for the
grant-in-aid, as these divisions which have been
transferred to existing schools were the closed down
divisions on grant in aid basis. The action of the
Government is against the provisions of the Right to
Education Act. The schools where the petitioners are
working are primary schools and the provisions of the
Right to Education Act are applicable. The petitioners have
completed their three years probation as Shikshan Sevak and
have attained deemed permanency. As per section 8 of the
Right to Education Act, the duties of the appropriate
Government are prescribed and one such duty is to provide
free elementary education to every child up to age of 6 to
14 years and ensure compulsory admission, attendance and
completion of elementary education by every child of the
age of 6 to 14 years. Even it is the bounden duty of the
Government to provide infrastructure including school
building teaching staff and learning equipment. Learned
counsel refers to Section 8 of the Right to Education Act.
In view of that, the learned counsel submits that it is
the responsibility of the State Government to pay salary to
the petitioners as soon as they are granted approval by the
competent authority. Services of the petitioners are
approved and as such, withdrawing the grant-in-aid of the
schools wherein the petitioners are working by issuing
Government Resolution dated 02.12.2014 is illegal and
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erroneous. According to the learned counsel the Government
is also convinced that considering the strength of the
students available in the schools wherein the petitioners
are working, the respondents State has maintained the
divisions and the petitioners are appointed by following
due process of law. As such, the divisions on which the
petitioners are working are entitled to receive grant-in-
aid. To the extent of withdrawal of grant-in-aid the
Government Resolution dated 02.12.2014 is erroneous and
deserves to be set aside.
20. Mr. Gunale the learned counsel for some of the
petitioners adopts the arguments canvassed by the other
Advocates. The learned counsel relies on the judgment of
the Division Bench of this Court in a case of Ram Avad Vs.
Shivdatta Education Trust, reported in 2007 (6) All M.R.
716 to contend that on completion of probation of three
years, the petitioners would be treated as deemed permanent
teacher.
21. Mrs. Gondhalekar, the learned Addl. Government
Pleader submits that the Education Officer (Primary), while
passing the order in July, 2011, had committed manifest
illegalities and irregularities by directing absorption of
divisions, giving approval to divisions, staffing pattern
and also giving individual/ personal approval on one and
the same date. Learned Addl. G. P. submits that the
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Government Resolution dated 02.12.2014 and more
particularly, Clause No.2 incorporated therein has not been
complied by any of the School Managements of the
petitioners for the year 2014-2015 2015-2016 even after
filing of the petitions. The said Clause No.2 specifically
lays down the condition to follow the procedure as laid
down in Government Resolution dated 06.02.2012, the same
has not yet been done. According to the learned Addl.G.P.
all the petitioners were not appointed by following due
procedure of law. No permission was obtained, no intimation
was sent to the Department for filling in the posts, the
filling of roster point vacancies were not observed and the
teachers who are appointed have not passed the examination.
Even they cannot be termed as regularly appointed teachers.
According to the learned Addl. G.P., the reliance placed on
the Government Resolutions dated 12.06.2007 and 6.12.2007
by the petitioners is misplaced. Absorption of divisions
from school receiving grant-in-aid to partial grant-in- aid
or non grant-in-aid has to be along with the absorption of
the teachers who were working in the said closed down
divisions. The Education Officer, while passing the order
allowing absorption of such divisions, did not consider
accommodating and absorbing the surplus teachers on those
closed down divisions. According to the learned Addl. G.P.,
fixing the post of teachers, corresponding to the number of
students, the same is to be followed by the Management
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after introduction of the Right to Education Act. The same
is laid down in the Government Resolution dated 13.12.2013
and 18.06.2010.
22. The learned Additional G.P. submits that Government
Resolution dated 8.11.2000 specifically lays down stage
wise grant-in-aid disbursement after fulfilling
eligibility. All these facets were required to be
considered by the Education Officer while absorbing the
closed down divisions. The learned Addl. G.P. further
submits that in case the Education Officer was to exercise
his right as per the Government Resolution dated 12.06.2007
and 6.12.2007, then the closed down divisions are required
to be absorbed with other schools immediately. In the
present case the same has been done in some matters after
10 years and in some matters after five years, which is
not permissible. The learned Addl. G.P. further submits
that the petitioners cannot claim grant-in-aid as of right.
It depends upon the policy decision of the State and the
State has taken a policy decision about awarding the
grants. The Government Resolution dated 05.11.2011 lays
down parameters about evaluation of grants.
23. Learned Addl. G.P. relies on the judgment of Full
Bench of this Court in a case of St. Ulai High school Vs.
Devendraprasad Jagannath Singh, reported in 2007 (1) Bom.
C.R. 514 to submit that power of appointment is regulated
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by the Act and the Rules and the matter concerning the
grant of approval is between Management and the Education
Officer and is relevant only for the release of grant by
the State Government to the Management. Appointment and
conditions of service of teachers is governed by the
provisions of the M.E.P.S. Acts and Rules. The same have to
be followed and the primary responsibility of payment of
salary is on the Management.
24. Mr. Bonder, the learned counsel for the Education
Officer (Primary) adopts argument of the learned Addl. G.
P. According to the learned counsel, all the
petitioners /teachers were appointed on non grant in aid
basis. The payment of their salary has to be borne by the
Management.
25. We have considered the submissions canvassed by the
learned counsel for the respective parties.
26. Government Resolution dated 02.12.2014 is the
subject matter of the present writ petitions. The said
Government Resolution dated 02.12.2014 is required to be
issued to clear up the mess created by the Education
Officer, Latur.
27. Various schools in Latur division which were on
grant-in-aid were closed down for more than 5 to 10 years.
In the year 2011-2012, the Education Officer (Primary),
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Latur allotted those closed down divisions of the closed
down schools or of those schools, where those divisions
had became inadmissible, to the existing schools that too
with retrospective effect. If the order is passed by the
Education Officer (Primary) in February and August, 2011,
the same is allotted for the year 2010-11 and if the order
is passed in March, 2012, the divisions are directed to be
absorbed for the year 2011-12.
28. It is the contention of the petitioners that the
Education Officer (Primary) has the power to absorb said
divisions to the existing schools wherever permissible and
for the said purpose, they rely on the Government
Resolution dated 06.12.2007. If the said Government
Resolution dated 6.12.2007 is perused, then the said
Government Resolution lays down certain modalities to be
observed while absorbing the additional divisions. Clauses
2, 3 and 4 of the said Government Resolution, which is
vernacular language, reads as under:
ß¼2½ iVla[;svHkkoh can >kysyh rqdMh R;kp 'kkGse/;s eatqj dj.ks 'kD;
ulY;kl R;kp laLFksP;k vU; 'kkGsr fo|kFkhZ iVla[;k ok<ysyh vlY;kl o
foghr fud"k iq.kZ gksr vlY;kl can gks.kkjh rqdMh lek;kstukus eatqj
dj.;kr ;koh vls lek;kstu vuqnkfur @va'kr% vuqnkfur o fouk vuqnkfur
v'kk xVke/;sp dj.;kr ;kos-
¼3½ ojhy v- dza- 1 o 2 izek.ks lek;kstu dj.ks 'kD; ulY;kl can
gks.kk&;k rqdM;kaps lek;kstu R;kp ftYg;krhy vU; 'kkGsr ok<ysY;k
iVla[;sP;k vk/kkjs deky iVla[;suqlkj r;kj gks.k&;k xq.oRrsuqlkj v'kh
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rqdMh vU; 'kkGsyk eatqj djkoh-
¼4½ ojhy v- dz- 1 o 2 vUo;s can gks.kk&;k rqdMhps lek;kstu
djrkauk v'kk rqdMhojhy dk;Zjr ekU;rkizkIr f'k{kd ns[khy lek;ksthr
dj.;kr ;kok- f'k{kdkf'kok; rqdMhps lek;kstu djrk ;s.kkj ukgh-Þ
29. Reading Clause 4, it is manifest that if the
division is to be absorbed, then the approved teacher has
to be absorbed along with the division. Without absorbing
the teacher, the division cannot be absorbed. While passing
the order of absorbing the additional divisions of the
closed down schools with the existing schools, the
Education Officer (Primary) did not pass any order with
regard to absorption of the teachers along with the said
divisions. Further, it is not the case that the said
schools had closed down in that year. The said schools were
closed down more than 5 to 10 years back and the closed
down divisions were abruptly allotted to the existing
schools. The said Government Resolution cannot be read
to mean that the Education Officer (Primary), even after a
long slumber of 10 years, would allot the closed down
divisions to the existing schools. The very purpose of
issuing the said Government Resolution dated 06.12.2007 is
that the closed down divisions should be allotted to the
existing schools wherever permissible with a view to absorb
the teachers in that closed down schools alongwith the
divisions. Clause 4 as reproduced above makes this
position amply clear.
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30. It appears that those schools to whom additional
divisions were abruptly allotted with retrospective
effect had appointed fresh teachers. The contention of the
petitioners is that at that time, surplus teachers were
not available. Be that as it may, at the first instance,
the Education Officer (Primary) itself ought not have
allotted the closed down divisions of the schools which
were closed down almost 10 years back without making any
enquiry of availability of surplus teachers. Order of
absorption of additional division should accompany the
order of absorption of the teachers of that division and
this is the purport of Clause 4 of the said Government
Resolution dated 06.12.2007. Even Government Resolution
dated 10th June, 2007 lays down the same. The said
Government Resolution applies at a time when because of
lack of students, the devision is on the verge of being
closed and at that time, the Education Officer has to take
steps and not after 5 to 10 years. It would be seen
that even approvals were granted by Education Officer to
the appointments made on the said additional divisions
directed to be absorbed in the existing school with
retrospective effect, immediately. At the first instance,
absorption of additional divisions of the closed down
schools to the existing schools with retrospective effect
itself was illegal. No such order to operate with
retrospective effect could have been passed.
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31. The Government, with a view to clear the mess,
appointed the Ghodmode Committee for holding enquiry.
Report was submitted by the Godmode Committee to the
Government. Objections were received regarding conduct of
enquiry and to the report. The said report was not
accepted and fresh enquiry is conducted. Physical
inspection of the school was made in order to find out the
actual physical strength of the students. After receipt of
report of the inspection, Government Resolution dated
02.12.2014 came to be issued. In fact, as a one time
measure, the said Government resolution is issued. The
Government Resolution dated 02.12.2014 has safeguarded the
appointments made of the teachers (of course if made
legally by following proper procedure) on these additional
divisions directed to be absorbed with the existing
schools.
32. Upon enquiry, it is found that out of 58 schools,
147 divisions of 37 schools are eligible for absorption and
out of remaining 20 schools, decision is yet to be taken in
respect of divisions of 14 schools. As the Education
Officer has committed irregularity and illegality while
absorbing these additional divisions, as a one time
measure, Government Resolution dated 02.12.2014 is issued
and these additional divisions have been granted approval
from the year 2013-14, thereby protecting appointment of
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the teachers made on these additional 147 divisions,
provided appointment is as per rule i.e. satisfying the
roster as approved by the B.C. Cell and proper procedure at
the time of appointment being followed and their
evaluation would be made to bring them on grant in aid
basis subsequently.
33. The petitioners have placed much reliance on the
provisions of the Right of Children to Free and Compulsory
Education Act, 2009 (Right to Education Act) and the
Government Resolution dated 28.08.2015. It is true that by
virtue of 86th Amendment to the Constitution, Article 21-A
is introduced. It provides for free and compulsory
education to all children in the age group of six to
fourteen years as a fundamental right. Consequently, the
Right to Education Act is introduced. It casts an
obligation on the appropriate Government to provide free
and compulsory elementary education to all children
between the age group of six to fourteen years. Section 25
of the Right to Education Act reads as under:
"25. Pupil-Teacher Ratio- (1) Within three years
from the date of commencement of this Act, the
appropriate Government and the local authority
shall ensure that the Pupil-Teacher Ratio, as
specified in the Schedule, is maintained in each
school.
(2) For the purpose of maintaining the Pupil-
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Teacher Ratio, under sub-section (1), no teacher
posted in a school shall be made to serve in any
other school or office or deployed for any non-
educational purpose, other than those specified in
section 27."
It would be seen that Pupil-Teacher ratio as
specified in the schedule is required to be maintained in
each school. As such, now the number of teachers would not
be dependent upon the number of divisions but the number of
teachers would be dependent upon the strength of student.
34. Under the Right to Education Act, "school" is
defined under section 2(n), the same reads as under
"2(n)"School" means any recognised school
imparting elementary education and includes
(i)a school established, owned or controlled by
the appropriate Government or a local authority;
(ii) an aided school receiving aid or grants to
meet whole or part of its expenses from the
appropriate Government or the local authority;
(iii) a school belonging to specified category;
and
(iv) an unaided school not receiving any kind of
aid or grants to meet its expenses from the
appropriate Government or the local authority;"
The school is categorized into schools owned or
controlled by the appropriate Government or local
authority; an aided school receiving aid or grants to meet
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the whole or part of its expenses from the appropriate
Government or the local authority; the school belonging to
specified category and an unaided school not receiving any
kind of aid or grants to meet its expenses. Sections 11
and 12 of the said Act lays down a mandate upon all the
schools run by the Government or its local authority to
provide free and compulsory education to all children
admitted therein. It further lays down that those schools
specified in sub clause (ii) of clause (n) of section 2
shall provide free and compulsory elementary education to
such proportion of children admitted therein as its annual
recurring aid or grants so received, bears to its annual
recurring expenses, subject to a minimum of 25 %. Those
schools specified in clauses (iii) and (iv) of clause (n)
of section 2 shall admit in Class at least 25% of the
strength of that class, the children belonging to weaker
section and disadvantaged group in neighbourhood and
provide free and compulsory elementary education to such
students and expenses shall be reimbursed by the State.
35. Much emphasis was laid by the learned counsel for the
petitioners on the fact that though the impugned
Government Resolution refers to the provisions of the
Right to Education Act, still it has considered the number
of additional divisions and not the strength of students,
while regularizing the additional divisions. As stated
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above, the Government Resolution dated 02.12.2014 is a
result of the mess created by the Education Officer and to
streamline the same, the said Government Resolution is
issued. In fact it was to support the teachers who were
appointed on such additional divisions which were directed
to be absorbed by the Education Officer erroneously. Now,
as per the Act of 2009, teacher-pupil ratio will have to
be maintained.
36. The major objection of the petitioners is that
though the divisions of the closed down schools which were
directed to be absorbed were on grant in aid, under the
impugned resolution, the same is to be considered on non
grant in aid from the academic year 2013-14. The Right to
Education Act does not deal with providing grant in a
particular manner nor there is any Government Resolution
which states that if an additional division is granted or
additional post is created, the same would be directly on
grant-in-aid basis. It is not necessary that every school
and or every division has to be on grant-in-aid basis.
Those schools which do not receive complete aid from the
appropriate Government, they are directed to provide free
and compulsory education to 25% of the students and their
expenses is to be made by the Government.
37. The Apex Court, in case of Pramati Educational &
Cultural Trust & ors., referred supra, has observed as
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under:
"44. When we examine the 2009 Act, we find that
udner Section 12(1)(c) read with Section 2(n) (iv)
of the Act, an unaided school not receiving any kind
of aid or grants to meet its expenses from the
appropriate Government or the local authority is
required to admit in class I, to the extent of at
least twenty-five percent of the strength of that
class, children belonging to weaker section and
disadvantaged group in the neighbourhood and provide
free and compulsory elementary education till its
completion. We further find that under Section 12
(2) of the 2009 Act such a school shall be
reimbursed expenditure so incurred by it to the
extent of per-child expenditure incurred by the
State, or the actual amount charged from the child,
whichever is less, in such manner as may be
prescribed. Thus ultimately it is is the State
which is funding the expenses of free and compulsory
education of the children belonging to weaker
sections and several groups in the neighbourhood,
which are admitted to a private unaided school.
These provisions of the 2009 Act, in our view, are
for the purpose of providing free and compulsory
education to childrne between the age group of 6 to
14 years and are consistent with the right under
Article 19(1)(g) of the Constitution, as interpreted
by this Court in T.M.A. Pai foundation (Supra) and
are meant to achieve the constitutional goals of
equality of opportunity in elementary education to
children of weaker sections and disadvantaged groups
in our society. We, therefore, do not find any
merit in the submissions made on behalf of the non-
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minority private schools that Article 21-A of the
Constitution and the 2009 Act violate their right
under Article 19(1)()g) of the Constitution. "
38. Grant in aid is neither fundamental right nor
statutory right of educational institutions. The Division
Bench of this Court, in case of Keraleeya Samajam and
others Vs. State of Maharashtra and others, reported in
2004(2) Mh.L.J. 171, has held that grant-in-aid cannot be
claimed as of right. There is no legal or constitutional
right insofar as grant-in-aid is concerned.
39. We do not find any defined policy laid down by the
Government with regard to the sanction of additional posts
and for giving grant to them. We expect the State
Government to evolve a defined policy, keeping in view the
provisions of Section 12 of the Right to Education Act,
thereby laying down the grant of additional posts, powers
to grant additional posts so also eligibility for grant-in-
aid and the period of entitlement of grant-in-aid for
additional posts created.
40. Under the impugned Government Resolution, the
Government has held that those posts which would be
admissible would be on non grant-in-aid from the year 2013-
14. These posts are admissible for the academic year in
which the order was passed by the Education Officer i.e.
if the order was passed in February, July or August,
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2011, from the year 2011-12, if order was passed in 2012,
from the year 2012-2013, then it can consider providing
approval from the said years on non grant in aid instead of
the year 2013-14. Reliance placed on the Government
Resolutions dated 12.06.2007 and 6.12.2007 by the
petitioners would not enure to the benefit of the
petitioners.
41. The State Government shall reconsider whether
permission on non grant basis would be granted to these
divisions/posts from the year, the order was passed of
absorbing said divisions i.e. if the order was passed in
February and August, 2011, from the year 2011-12 and if the
order of absorption was passed in June, July, 2012, from
the year 2012-13. The State shall also take final
decision in respect of those 14 schools out of 21 in
respect of which the decision is not yet taken as is stated
in the impugned Government Resolution. The same would be
done expeditiously, preferably within four months. Writ
petitions accordingly disposed of. No costs.
(K. L. WADANE, J.) (S. V. GANGAPURWALA, J. )
JPC
