- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.6405/2010 IN WRIT PETITION NO.5348/2003 Shrirampur Education Society, Shrirampur and another. ...Applicants.. (Org.res.nos.5 & 6) Versus The State of Maharashtra & eight others. ...Respondents... (Nos.1 to 4 – org.respondents Nos.5 to 8 - org.petitioners) ..... Shri R.N. Dhorde, Advocate for applicants. Shri S.K. Tambe, AGP for respondent nos.1 to 4. Shri S.R. Barlinge, Advocate for original writ petitioners in WP. ..... CORAM: P.V. HARDAS & N.D. DESHPANDE, JJ. DATE: 30.07.2010 - 2 - PER COURT: 1] This is an application filed by the original respondent nos.5 & 6 seeking permission of this Court for appointing two teachers, one to teach Economics while the other to teach Geography & Physical Education. The necessity of filing the aforesaid application is on account of earlier order passed by the Division Bench of this Court dated 10.12.2003. The Division Bench, by the said order, while ordering notice to the respondents, had directed that no appointments be made without the previous permission of this Court. It appears that on earlier two occasions, the applicants were constrained to file applications seeking permission of this Court for appointing new teachers. The aforesaid applications are Civil Applications Nos. 12428/2005 and 7602/2008. The aforesaid two applications came to be allowed by the Division Bench of this Court. Civil Application No.7602/2008 came to be allowed by the present Bench on 25.8.2008. 2] Shri S.R. Barlinge, learned counsel, has opposed the grant of permission to appoint the aforesaid teachers by pointing out to us that the management is deliberately not giving the petitioners the enhanced pay-scale, which is applicable to the post of B.Ed. teacher and this is a deliberate ploy employed by the respondent – management to appoint teachers and sidetrack the claim of the petitioners in the petition. It is also urged before us that sufficient work load is not available nor is the appointment of two additional teachers necessitated on account of the work load. - 3 - 3] However, considering the reasoning given in the earlier two applications, we allow this civil application by adopting the aforesaid reasons. We, therefore, permit the applicants to issue advertisement for the appointment of teacher for teaching Economics and teacher for teaching Geography & Physical Education on the condition that the advertisement, which will be issued, should contain the clause that the appointment would be subject to the decision of this petition. The candidates so selected pursuant to the selection process should also be informed in writing that the appointment would be subject to the result of this writ petition. These selected candidates should also be informed that they would not be entitled to claim any equity in law because of the appointment. 4] This writ petition has already been directed to be listed for final hearing from time to time and we once again reiterate the same order and direct that the petition be set down for final hearing in the week commencing from 27.9.2010. (N.D. Deshpande, J.) (P.V. Hardas, J.) ndk/c3071036