(1) wp6798-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6798 OF 2011 Santosh Bhikaji Satpute PETITIONER VERSUS The State of Maharashtra & others RESPONDENTS ..... Mr. A.S. Deshpande, advocate for the Petitioner. Mr. S.K. Tambe, A.G.P. for the Respondent-State. Mr. S.B. Talekar, advocate for Respondent No. 8. Mr. A.D. Rajput, advocate holding for Mr. N.E. Deshmukh, advocate for Respondent No. 9. Mr. V.D. Hon, advocate for Respondent Nos. 10 to 20. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 9th DECEMBER, 2011 ORAL ORDER: 1. Rule. Rule made returnable forthwith and heard finally, by consent. 2. Though the petitioner had initially approached this Court challenging the selection process as conducted by the respondents, the matter has now been amicably settled between the parties and therefore, the petitioner has given up the challenge to the selection process as made in the petition. (2) wp6798-11 3. With the intervention of the learned counsel for the Respondent/Management, the Respondent/ Management has now agreed to appoint the petitioner against a vacant post in Shri Mahavir Sthanakwasi Jain Primary School, Jalna. It is further agreed by the Management that on retirement of Shri V.N. Aagale, who is likely to retire on superannuation on 31st May, 2013 at Mahavir Sthanakwasi Jain Secondary and Higher Secondary School, Jalna, or against any other post falling vacant prior to that, the petitioner would be appointed on the said post. 4. In that view of the matter and in the peculiar facts and circumstances as appearing in the present case and particularly, from the fact that atleast prima facie, we find that in the earlier selection made by the Head Master, the petitioner was found to have been selected, we are inclined to allow this petition. However, we make it clear that the order we propose to pass now is only taking into peculiar facts and circumstances of the present case and without treating the same as a precedent. 5. The writ petition is allowed in following (3) wp6798-11 terms. (a) The respondent No. 6 shall issue an order appointing the petitioner as Shikshan Sevak in Shri Mahavir Sthanakwasi Jain Primary School, Jalna within a period of one month from today. The said order of appointment as Shikshan Sevak shall be for a period of three years. (b) The respondent No. 6 shall transfer the services of the petitioner in the aforesaid Primary School, to Mahavir Sthanakwasi Jain Secondary and Higher Secondary School, Jalna on the immediately next available vacancy commensurate with the qualification/s of the petitioner and in any case, on 1st June, 2013 which is the date on which the vacancy would be available on account of retirement of Shri V.N. Aagale on his superannuation. (c) The Respondent - Education Officer shall grant approval to the appointment of the petitioner as Shikshan Sevak for a period of three years. (d) On completion of the total service of the (4) wp6798-11 petitioner of three years in Primary School as well as Secondary School, the petitioner shall be granted approval as an Assistant Teacher in the Secondary School irrespective of the fact that a part of the services of the petitioner is rendered in the Primary School. (e) Rule is made absolute in above terms. [M.T. JOSHI, J.] [B.R. GAVAI, J.] npj/wp6798-11