1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION No. 940/2011. Kanti Bhujendra Dutta Vashishtha and others. -VERSUS- The Deputy Director of Education, Nagpur and others. _______________________________________________________________________ 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 : AUGUST 22, 2011. Heard Shri R.N. Sen, learned Counsel for petitioners, Shri V.A. Thakre, learned A.G.P. for respondent no.1 and Shri M.I. Dhatrak, learned Counsel for respondent nos. 2 and 3. In so far as grievance of petitioner nos. 1 and 2 is concerned, orders of their absorption are corrected vide subsequent orders issued on 12.07.2011. Earlier orders treated them as teachers from Marathi medium, that error has now been corrected and they have been absorbed in Hindi medium school. Though Shri Sen, learned Counsel 2 argues that the said correction is after thought, that argument is misconceived. The absorption orders shall come into effect after the same are served upon petitioner nos. 1 and 2. Petitioner nos. 1 and 2 shall accordingly report at the places were they are absorbed in Hindi medium schools. In so far as the absorption of other teachers are concerned, Shri Sen, learned Counsel has raised two contentions. His first contention is that about 140 posts are sanctioned and hence there are vacancies and other petitioners can be permitted to continue at their original places. In the alternative and without prejudice, he is pointing that staffing pattern needs to be decided as per provisions of Right of Children to Free and Compulsory Education Act, 2009. Reliance is being placed on government circular dated 18.06.2010 for said purpose. The Chief Officer of Municipal Council, Chandrapur has on 16.12.2010 noted that for academic session 2010-11, as per strength of students on 30.09.2010, 140 teachers were sanctioned and 110 3 teachers were working. He has further stated that as per the staffing pattern, 6 teachers were found surplus, after select list then forwarded of teachers were of Marathi medium. He has therefore, stated that the Shikshan Sevaks whose names appear in that select list could not have been observed. He has also communicated on 31.05.2011, that three teachers working in Marathi medium were getting retired and hence, only three could have been accommodated. This communication, therefore, does not help the cause of petitioners at all. We, therefore, do not find anything wrong with the orders of absorption given to other petitioners. In so far as the compliance of provisions of Right of Children to Free and Compulsory Education Act, 2009 is concerned, the matter is already receiving attention of this Court in other petition. With liberty to petitioner nos. 3 to 5 to raise that challenge again if they so desire, we dispose of the petition. No costs. JUDGE JUDGE Rgd