FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 277 OF 2011 “Momin Matin Ahmad Mobin Ahmad Vs. The State of Maharashtra and others” Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. P.B. Gapat, Advocate for the petitioner Mr. B.V. Wagh, AGP for respondent Nos. 1 and 2 CORAM :- P.B. MAJMUDAR & S.S. SHINDE, JJ. DATE :- 25th April, 2011. PER COURT :- 1] The petitioner was initially appointed in New Urdu Girls High School, Ter, Taluka and District Osmanabad. In 1991. In August, 1999, the services of the petitioner were terminated on the ground of de-recognition of the school in which the petitioner was appointed. The petitioner, thereafter, filed an appeal before the School Tribunal, challenging the order of termination in April, 2007. The School Tribunal, set aside the termination order and directed the Education Officer to include the petitioner's name in the waiting list of surplus teachers maintained by him. It was directed by the School Tribunal to absorb the petitioner, as per rules. 2] The petitioner thereafter filed a writ petition, being Writ Petition No. 1807/2008 before this court, with a prayer to absorb him in any other school. In the said writ petition, initially, an affidavit was filed on behalf of the Education Officer that the petitioner would be absorbed in private recognized Urdu Medium School, as and when vacancy arises. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 277 OF 2011 “Momin Matin Ahmad Mobin Ahmad Vs. The State of Maharashtra and others” Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 3] The petitioner has now filed this fresh petition, with a prayer that the petitioner should be immediately absorbed by directing the respondent Nos. 1 to 4 to take immediate steps for his absorption. It is the contention of the petitioner that respondent No.4 – Education Officer has not complied with the undertaking given to this court and persons who are junior to the petitioners have been absorbed. 4] The petition is being resisted by the respondents by filing an affidavit in reply. The affidavit in reply has been filed by the Deputy Education Officer (Secondary), Zilla Parishad, Osmanabad, wherein, it is pointed out that one Smt. Sangeeta Adhe who was working in the Ashram School under the control of Social Welfare Department and who was declared surplus earlier in point of time than the petitioner, has been absorbed by respondent No.4. It is further stated in the affidavit that the waiting list maintained by respondent No3 is in respect of Urdu Medium Schools only. 5] In this view of the matter, in our opinion, the petitioner's claim is required to be considered for absorption only in Urdu Medium School and the petitioner cannot claim absorption FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 277 OF 2011 “Momin Matin Ahmad Mobin Ahmad Vs. The State of Maharashtra and others” Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 3 in Ashram School or in any other institution. In so far as the contention of Learned counsel for the petitioner that the petitioner can be absorbed in any other institution is concerned, that point has already been concluded in W.P. No. 1807/2008, which cannot now be reopened again in this petition. In view of the same, no other relief can be given to the petitioner, except directing the Education Officer, to absorb the petitioner in Private Urdu Medium School, as and when vacancy in such school is available. The respondent No.3 shall accordingly act as per the order passed by the Division Bench of this court in W.P. No. 1807/2008 and as and when vacancy arises, the petitioner may be absorbed in a Private Urdu Medium School. 6] Writ petition is accordingly disposed of, by directing the Department to abide by the order passed by the Division Bench of this Court, in W.P. No. 1807/2008 and as and when vacancy arises, in a private Urdum Medium School, the petitioner should be absorbed as per the order dated 18/6/2008, passed by the Division Bench of this Court, in W.P. No. 1807/2008. [S.S. SHINDE, J.] [P.B. MAJMUDAR, J.] grt/-