1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8066 OF 2008 Sangameshwar Education Society s New English High School and Junior College, Kasba Sangameshwar, District Ratnagiri, through its Chairman ...Petitioners v/s Education Officer, Zilla Parishad, Ratnagiri and ors. ...Respondents Mr Pratap Patil i/b Mr R.M. Moomin for Petitioners. Mr C.R. Sonawane, AGP for Respondent Nos.1 to 3 & 5. Mr Sandip Gite i/b Mr M.S. Karnik for Respondent No. 4. Mr Sagar Mane i/b Mr N.V. Bandiwadekar for Respondent No.6. CORAM : D.K. DESHMUKH AND K.K. TATED JJ. DATE : 24TH NOVEMBER 2009. 2 P.C. :- 1] By this petition, the petitioner which is a Society, which runs a private recognised School and Junior College and which receives grant-in-aid from the State Government, challenges the order dated 8th October 2008 passed by the State Government. By that order, the State Government has stayed until further orders, the order dated 11th September 2008 passed by the Education Officer and the order dated 9th September 2008 passed by the Deputy Director of Education. By these orders, the authorities of the Education Department have held that considering the strength of the students in the school, instead of existing two posts of Upper Division Clerk, there will be only one post and therefore, one person holding the post of Upper Division Clerk will have to be reverted back to the post of Lower Division Clerk and Mrs Jadhav who is working as Lower Division Clerk will be rendered surplus and therefore, she will have to be absorbed in some other school. Now these orders have the result of 3 reducing the strength of the employees in the school of the management and because the State Government wants to consider whether these orders are valid, the State Government has stayed the implementation of these orders. Therefore, we asked the learned counsel appearing for petitioners as to how the orders passed by the Education Officer and the Deputy Director of Education, which have been stayed by the State Government, adversely affect the interest of the school of the petitioners. To that the learned counsel stated that pursuant to the orders passed by the Education Officer and Deputy Director of Education, they have relieved Mrs Jadhav from the school. The learned counsel, however, was not able to explain as to how Mrs Jadhav was relieved from the school without terminating her services. If the orders of the Education Officer and the Deputy Director of Education are obeyed, Mrs Jadhav becomes surplus in the school of the petitioners, therefore, her services will have to be terminated in accordance with law and then she will be entitled to get absorbed in some other school in 4 the post of Lower Division Clerk. The action of the management of relieving Mrs Jadhav from their school without terminating her services is obviously contrary to law. The effect of the order of the State Government would be that Mrs Jadhav will continue to be in the service of the petitioners but that will not adversely affect the interest of the petitioners because in the absence of order of termination of her services, Mrs Jadhav was always employee of the school and therefore, because of the order of the State Government, there will be no change in the status of Mrs Jadhav. The school of the petitioner is getting 100% salary grant from the State Government, therefore, financially also the petitioners are not likely to suffer any adverse effect. Therefore, we suspect that this petition is filed by somebody who has animus against Mrs Jadhav and wants to see her sacked from the school. Taking overall view of the matter therefore, in our opinion, entertaining this petition in extraordinary jurisdiction of this Court will defeat the interest of justice. Petition is therefore rejected. 5 Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE K.K. TATED )