1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION No. 1227 OF 2011 [Afhaz Ahmed s/o. Abdul Khalil vs. State and Ors.] _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : B.P.DHARMADHIKARI & A.P.BHANGALE, JJ. DATED : OCTOBER 13, 2011. Heard Mr.S.R.Deshpande, Adv. for the petitioner, Mr. A. Parihar, A.G.P. for respondent no.1 and 2, Mr.Mohta, Adv. holding for Mr.Anand Parchure, Adv. for respondent no.3, Mr.D. Jaiswal, Adv. for respondent nos. 4 and 8 and Mr.R.G.Kavimandan, Adv. for respondent nos.6 and 7. This matter was heard yesterday. Prima-facie, it was seen that the petitioner has challenged selection of respondent no.8 on the ground of participation in the selection process by his close relative/respondent no.6. Mr.R.L.Khapre, Adv. has contended that Abdul Aziz Sheikh Ismail, Vice President of the Trust happened to be a close relative of the petitioner and he has participated in the selection process and hence, claim and consideration of petitioner is also vitiated. It is not in dispute that said Abdul Aziz 2 Sheikh Ismail has, in the meanwhile, expired. In this situation, without going into merits of controversy, this Court felt that interest of justice can be met with by appointing the Deputy Director of Education, Nagpur region, Nagpur and the Education Officer (Secondary) of Zilla Parishad, Wardha as members of the Committee along with the Head Master of the School to interview the candidates who have applied in response to advertisement dt.30.6.2010. Mr.S.R.Deshpande, Adv., however, has urged that even the Head Master should not be permitted to associate with the selection process. We are not in a position to appreciate his contention. The learned A.G.P. has pointed out that the Deputy Director of Education is not a party to this petition. However, we find that the State of Maharashtra through its Secretary, Department of Education is respondent no.1 and the Education Officer (Secondary) is respondent no.2. In this situation, we direct the Deputy Director of Education, Nagpur region, Nagpur, Education Officer (Secondary), Zilla Parishad, Wardha and Head Master of H.K.M.K. Jawahar Urdu High School, Ashti, District Wardha to interview the candidates who have applied in response to the above mentioned advertisement 3 dt.30.6.2010 afresh and after completing the selection process in the mode and manner as was done earlier i.e. demonstrations, written test etc. and thereafter, personal interview, to prepare a proper select list on the basis of merits of the respective candidates and to appoint best available candidates thereafter. This exercise shall be completed by the Interview Committee as early as possible and in any case, by 30th November, 2011. The Deputy Director of Education, Nagpur region, Nagpur shall be the Chairman of the Interview Committee. Respondent no.8, who is already functioning as on today, shall continue to function till the result of selection process is out and his further contention shall be contingent upon that result. Prayer of respondent no.8 for releasing his salary for the work done shall be considered thereafter by the Education Officer. With these observations and directions, the petition is disposed of. No costs. Copy of this order duly authenticated be supplied to the learned Counsel for the respective parties. JUDGE JUDGE jais