1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 3832 of 2010 Ku Nalu v. EO and ors -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr A.Z. Jibhkate, Adv for petitioner Mr G. Mishra, Adv for respdt no.1 Dr B.G. Kulkarni, Adv for respdts 2 & 4 Mr A.D. Mohgaonkar, Adv for respdts 3,5 Coram: D.D. Sinha and A. P. Bhangale, JJ Dated : 25th January 2011 1. Heard learned counsel for the petitioner; learned counsel for respondents no. 2 and 4 and learned counsel for respondents no. 3 and 5. 2. Learned counsel for the petitioner has brought to our notice order dated 22nd October 2010 passed by this Court. This Court, looking to the cause of action involved, had passed the said order directing the Director of Education, Pune to decide the following question : “Whether in the academic year 2007-08, the petitioner Ku Nalu Khawle was liable to be declared as surplus from Adarsha Higher Primary School, Nagpur by Jai Bharat Mahila Seva Sanstha and whether she is liable to be so 2 treated as surplus even in the year 2010-11.” 3. The Director of Education was directed to hear all the concerned parties and pass a reasoned order. Learned counsel for respondent no.1 has submitted that the Director of Primary Education has directed the Education Officer (Primary), Zilla Parishad, Nagpur to take decision on this aspect after verifying the record of the concerned schools as well as other relevant factors. It is submitted that respondent no. 1, after taking into consideration all the relevant facts and circumstances, has passed order dated 17.1.2011 and directed the management of Ujwal Uccha Prathamik Shala to absorb the petitioner as Assistant Teacher. Learned counsel for respondent no. 1 has submitted that the Education Officer (Primary) has taken into consideration the approved posts in both the schools and came to the conclusion that if the staffing pattern and availability of posts in both these schools are considered together, then the petitioner is not liable to be declared surplus. It is further contended that the direction is issued to absorb the petitioner in Ujwal Uccha Prathamik Shala where there is a post vacant by way of adjustment. 4. In view of the decision taken by the Education Officer (Primary), grievance of the petitioner no more survives and we expect the management of Ujwal Uccha Prathamik Shala to implement the said order without lapse of time, if there is no legal impediment in doing so. 3 5. In that view of the matter, writ petition stands disposed of accordingly. JUDGE JUDGE joshi