1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.4916 OF 2009 1. Kailash s/o Vasantrao Patte, Age 25 years, Occu.Service, R/o Sujanput Vasti, Tq. Georai, District Beed 2. Vishnu s/o Umaji Mali, Age 29 years, Occu.Service, R/o Gopal Vasti, Tq. Georai, District Beed 3. Nana s/o Parmeshwar Gade, Age 29 years, Occu.Service, R/o Dhangar Vasti, Tq. Georai, District Beed 4. Dilip s/o Ankush Ughade, Age 27 years, Occu.Service, R/o Lamanwadi, Tq. Georai, District Beed 5. Shriram s/o Tukaram Atpale, Age 30 years, Occu.Service, R/o Katkar Wasti (Ganeshnagar), Tq. Georai, District Beed 6. Ramkishan s/o Bhagwan Pawar, Age 32 years, Occu.Service, R/o Udhanaik Tanda, Tq.Georai, District Beed 7. Shahadeo s/o Manik Dhokle, Age 32 years, Occu.Service, R/o More Vasti, Tq. Georai, District Beed 8. Gautam s/o Narayan Takle, Age 32 years, Occu.Service, R/o Limba Naik Vasti, Tq. Georai, District Beed 2 9. Ashok s/o Kailash Kolekar, Age 24 years, Occu.Service, R/o Dhangar Vasti, Tq. Georai, District Beed 10. Ganesh s/o Sarangdhar Sarag, Age 30 years, Occu.Service, R/o Makegaon (Kh) Tq. Georai, District Beed 11. Shaikh Raju s/o Sk.Siraj, Age 35 years, Occu.Service, R/o Sevalal Vasti, Tq. Georai, District Beed. 12. Someshwar s/o Ganpatrao Gaikwad, Age 28 years, Occu.Service, R/o Shinde Vasti, Tq. Georai, District Beed 13. Hanuman s/o Manikrao Dhas, Age 30 years, Occu.Service, R/o Talnewadi, Tq. Georai, District Beed 14. Asaram s/o Sahebrao Tour, Age 32 years, Occu.Service, R/o Gupteshwar Nagar, Gopatpimpalgaon Tq. Georai, District Beed 15. Parmeshwar s/o Trimbak Sagle, Age 43 years, Occu.Service, R/o Manubai Vasti, Tq. Georai, District Beed 16. Chandrakant s/o Rambhau Sant, Age 30 years, Occu.Service, R/o Kale Vasti, Tq. Georai, District Beed .. Petitioners Versus 1. The State of Maharashtra, Through Secretary, School Education and Sports Division, Mantralaya, Mumbai 32 3 2. The Maharashtra State Education Research and Training Council, Pune 3. The Chief Executive Officer, Zilla Parishad, Beed 4. The Education Officer, (Primary), Zilla Parishad, Beed .. Respondents Shri S.S.Thombre, Advocate for petitioners Shri V.H.Dighe, Asstt.Govt.Pleader for respondents 1 and 2 Shri U.B.Bondar, Advocate for respondents 3 and 4 --- WRIT PETITION NO.4623 OF 2009 1. Chandrakant s/o Kashinath Arsul, Age 43 years, Occu.Service, R/o Munde Vasti (Bordevi), Tq and District Beed 2. Bappa s/o Shahadeo Tipale, Age 33 years, Occu.Service, R/o Varat Vasti, Tq. and Dist.Beed 3. Panchfula Jagannath More, Age 30 years, Occu.Service, R/o Karzani, Tq. and Dist.Beed 4. Subhash s/o Dhondiba Agam, Age 37 years, Occu.Service, R/o Agam Vasti, Z.P.School, Pimpargavan, Tq. and Dist.Beed 5. Babasaheb s/o Sambhaji Kasbe, Age 30 years, Occu.Service, R/o Z.P.School, Laxminagar, Mainda, Tq. and District Beed 6. Usha Achyutrao Ghorad, Age 28 years, Occu.Service, R/o Bhilla Vasti, Umrad (J), Tq. and District Beed 4 7. Bajirao s/o Babanrao Kashid, Age 30 years, Occu.Service, R/o Tambare Vasti, Tq. and District Beed 8. Amrapali Suresh Nisargadh, Age 28 years, Occu.Service, R/o Bisheba Vasti, Nalwandi, Tq. and District Beed 9. Gorakh s/o Bapurao Kale, Age 32 years, Occu.Service, R/o Asrai Vasti, Nalwandi, Tq. and District Beed 10. Vaijnath s/o Vasudeo Kashid, Age 32 years, Occu.Service, R/o Hinge Vasti, Z.P.School, Sakshal Pimpri, Tq. and Dist.Beed 11. Lala s/o Chhagan Salugade, Age 26 years, Occu.Service, R/o Jarkal Vasti (West), Taluka and District Beed 12. Mahadeo s/o Manikrao Gaware, Age 32 years, Occu.Service, R/o Gholap Vasti, Talegaon, Tq.and District Beed 13. Anita Ankush Khandekar, Age 30 years, Occu.Service, R/o Pali, Tq. and District Beed 14. Suresh s/o Chandrabhan Dolas, Age 28 years, Occu.Service, R/o Chirkhad Vasti (Shivni), Tq. and District Beed 15. Balasaheb s/o Laxman Ghumare, Age 30 years, Occu.Service, R/o Ghumare Vasti, Walipur, Tq. and District Beed 16. Rameshwar s/o Radhakrishna Kajale, Age 27 years, Occu.Service, R/o Kajale Vasti, Tandalwadi, (Bhilla), Tq. and District Beed 5 17. Asaram s/o Vishwanath Munde, Age 32 years, Occu.Service, R/o Maykar Vasti, Chardari, Tq. Dharur, District Beed 18. Navnath s/o Arjun Shelke, Age 30 years, Occu.Service, R/o Kolugade Vasti, Wangi, Tq. and District Beed .. Petitioners Versus 1. The State of Maharashtra, Through Secretary, School Education and Sports Division, Mantralaya, Mumbai 32 2. The Maharashtra State Education Research and Training Council, Pune 3. The Chief Executive Officer, Zilla Parishad, Beed 4. The Education Officer, (Primary), Zilla Parishad, Beed .. Respondents Shri S.S.Thombre, Advocate for petitioners Shri V.H.Dighe, Asstt.Govt.Pleader for respondents 1 and 2 Shri U.B.Bondar, Advocate for respondents 3 and 4 --- WRIT PETITION NO.4728 OF 2009 1. Lahudas s/o Pandurang Dange, Age 31 years, Occu.Service, R/o at post Warwati, Tq. Ambajogai, District Beed 2. Rajesh s/o Janardhan Kapse, Age 27 years, Occu.Service, R/o Bhavthana, Tq. Ambajogai, District Beed 6 3. Vaijnath s/o Kisanrao Pawar, Age 34 years, Occu.Service, R/o at post Deola, Tq. Ambajogai, District Beed 4. Mahadeo s/o Babasaheb Sonnar, Age 32 years, Occu.Service, R/o at post Yelda, Tq. Ambajogai, District Beed 5. Raosaheb s/o Shriram Karnar, Age 31 years, Occu.Service, R/o at post Yelda, Tq. Ambajogai, District Beed 6. Bhagwan s/o Somnath Rathod, Age 31 years, Occu.Service, R/o at post Rajewadi, Tq. Ambajogai, District Beed 7. Nandkishor s/o Kamlakar Yadav, Age 30 years, Occu.Service, R/o at Talegaon Ghat, Post Hatola, Tq. Ambajogai, District Beed 8. Asha Ganpatrao Shelke, Age 27 years, Occu.Service, R/o at post Chanai, Tq. Ambajogai, District Beed 9. Babu s/o Bhopu Pawar, Age 40 years, Occu.Service, R/o at Khodas Tanda, Post Adas, Tq.Kaij, District Beed 10. Swati Uttamrao Rahate, Age 27 years, Occu.Service, R/o Bhandar Vasti, Tq. Gevarai, District Beed 11. Ravindra s/o Dhondiram Phad, Age 32 years, Occu.Service, R/o at post Ghatsavali, Tq. and District Beed 7 12. Ramesh s/o Radhakisan Munde, Age 30 years, Occu.Service, R/o at post Tadsonna, Tq. and District Beed 13. Bhagwat s/o Shriram Mane, Age 27 years, Occu.Service, R/o at post Tadsonna, Tq. and District Beed .. Petitioners Versus 1. The State of Maharashtra, Through Secretary, School Education and Sports Division, Mantralaya, Mumbai 32 2. The Maharashtra State Education Research and Training Council, Pune 3. The Chief Executive Officer, Zilla Parishad, Beed 4. The Education Officer, (Primary), Zilla Parishad, Beed .. Respondents Shri S.S.Thombre, Advocate for petitioners Shri V.H.Dighe, Asstt.Govt.Pleader for respondents 1 and 2 Shri U.B.Bondar, Advocate for respondents 3 and 4 --- WRIT PETITION NO.4707 OF 2009 1. Ashok s/o Eknath Navale, Age 33 years, Occu.Service, R/o at post Pali, Tq. and Dist.Beed 2. Balasaheb s/o Shrihari Shinde, Age 27 years, Occu.Service, R/o at Kolwadi, Post Pali, Tq. and District Beed 3. Dinesh s/o Banshidhar Kshirsagar, Age 28 years, Occu.Service, R/o at post Pali, Tq. and Dist.Beed 8 4. Dnyaneshwar s/o Murlidhar Solunke, Age 29 years, Occu.Service, R/o at post Pali, Tq. and Dist.Beed 5. Ramhari s/o Dashrath Shelke, Age 27 years, Occu.Service, R/o at Wangi, Post Shivani, Tq. and District Beed .. Petitioners Versus 1. The State of Maharashtra, Through Secretary, School Education and Sports Division, Mantralaya, Mumbai 32 2. The Maharashtra State Education Research and Training Council, Pune 3. The Chief Executive Officer, Zilla Parishad, Beed 4. The Education Officer, (Primary), Zilla Parishad, Beed .. Respondents Shri S.S.Thombre, Advocate for petitioners Shri V.H.Dighe, Asstt.Govt.Pleader for respondents 1 and 2 Shri U.B.Bondar, Advocate for respondents 3 and 4 ---- CORAM : P.V. HARDAS AND A.V. POTDAR, JJ DATE : 15th September 2009 ORAL JUDGMENT [ PER P.V.HARDAS , J ] 1. Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 9 2. The petitioners by these petitions under Article 226 of the Constitution of India pray for issuance of a writ directing respondents to consider the petitioners for Postal D.Ed. Course for the year 2009-10 as per the seniority and also seek directions to the respondents for issuance of the application form for the Postal D.Ed. course. 3. It appears that by virtue of an ad-interim order we had directed the respondents in terms of prayer clause (E) to the petition i.e. for directing respondents 2 to 4 to issue application forms to the petitioners as per seniority. We are informed by Shri S.S.Thombre, learned Counsel for the petitioners that despite the orders of this Court forms had not been issued. It appears that no motion of contempt has been moved by the petitioners. 4. Be that as it may, on notice being issued to the respondents, respondents have filed their affidavit-in-reply. At paragraph 9 of the affidavit-in-reply, the respondents contend that the petitioners are not eligible for being issued with the admission forms and the petitioners are also not eligible for being granted admission to the Postal D.Ed. course for the academic year 2009-10. In further paragraphs of the affidavit, the respondents, however, stated that the petitioners would be accommodated for the next academic year i.e. 2010-11. We are 10 further informed that the academic year 2009-10 has already commenced. In the light of the commencement of the academic year, though certain seats may be available or may be unfilled, it would be wholly inappropriate to direct the respondents to consider the petitioners for admission in this academic year. 5. We accept the statement made by the respondents at paragraph 14 of the affidavit-in-reply that the petitioners would be granted admission in the next academic year i.e. 2010-11, as an undertaking to the Court. In the light of the aforesaid undertaking and in the light of the fact that the petitioners cannot be considered for admission for this academic session, we allow these petitions to the limited extent of accepting statement made on behalf of the respondents. 6. Accordingly, we make Rule absolute in terms of the statement of the respondents with no orders as to costs. ( A.V.POTDAR ) ( P.V.HARDAS ) JUDGE JUDGE vvr/4916.09wp 11