1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 246 OF 2009 Mahatma Gandhi Vidyamandir ..Petitioners versus State of Maharashtra & Ors. ..Respondents Mr. V. M. Thorat for Petitioner. Ms M. P. Thakur – AGP for Respondent Nos. 1 to 3– State. CORAM : D. D. SINHA & A. A. SAYED , JJ. DATED : FEBRUARY 02, 2010. P.C. : 1. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 2. The learned counsel for the petitioner has submitted that the petitioner trust runs various senior colleges. It is submitted that in the academic session 2008-2009 there were six vacancies arose in the post of teachers, out of which permission was granted by respondent No. 3 to fill up only three vacancies . Similarly, in the year 2009-2010 again there were six vacancies 2 arose in the post of teachers, out of which permission was granted by respondent No. 3 to fill up only three vacancies. The permission to fill up all the 12 vacancies was denied by respondent No. 3 since the staffing pattern was not finally fixed by the department. The learned counsel for the petitioner therefore contended that the petitioner has filed a present petition seeking appropriate direction to the respondents in this regard. 3. The learned Assistant Government Pleader, on instructions from Dr. N. M. Kadu, Joint Director of Education, Higher Education, Pune, has submitted that though the above referred facts are not disputed, however, it is contended that so far as the remaining six vacancies in the post of teacher, to which the permission to fill up six vacancies were denied are concerned, it is open for the petitioner trust to fill up those vacancies by following due procedure applicable in this regard on the clock hour basis till such time the staffing pattern is formulated by the department. 4. The learned counsel for the petitioner has submitted that the petitioner is ready and willing to fill up the remaining six vacancies by following due procedure applicable in this regard on the clock hour basis. However, for some reason if the teachers are not ready and willing to come forward and accept the appointment on a clock hour basis, in that event the petitioner trust be permitted to fill up these six vacancies by appointing teachers on a 3 temporary basis by following due procedure applicable in this regard after obtaining permission of the competent authority. 5. The learned Assistant Government Pleader has submitted that in case the above contingency arises and if the petitioner trust applies for permission to appoint teachers on a temporary basis, such permission would be considered in accordance with law and shall not be rejected on the ground that formation of staffing pattern is under consideration for the concerned academic year, however the proposal otherwise must fulfill the other criteria. 6. In the circumstances, the grievance of the petitioner, in our view, at this stage, stands redressed. Wit petition disposed of accordingly. (D. D. SINHA, J.) ( A. A. SAYED, J.)