 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO: 5483/2008 (Prerna Education Society and another vs. State of Maharashtra and others) ----------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. ................................................................................................................................... CORAM: D.D.SINHA & A. P. BHANGALE , JJ. DATED: 04th March, 2009. *** 1. Heard Shri B G Kulkarni, learned counsel for the petitioners; Shri Nitin Sambre, learned Govt. Pleader for Respondents 1 to 3 and Smt. B P Maldhure, for Respondent No. 4. 2. In the present Writ Petition, the grievance of the petitioners is in respect of communications dated 16.12.2008, 17.12.2008 and 18.12.2008 issued by Respondent No. 2-Joint Director of Higher Education, Nagpur. In the instant case following facts are not in dispute: That the Principal of the College run by the petitioner no.1 -society vide communication dated 23.6.2008 issued by the Assistant Registrar, Rashtrasant Tukdoji Maharaj Nagpur University, has been specifically informed that though 'no objection' was granted by the University to fill up the post of Lecturer temporarily, but the said permission/no objection was subject to obtaining  approval from the Joint Director of Higher Education. It is further not in dispute that petitioner No.1 -Sanstha did not obtain permission from the said authority and appointed one Mr. Mahure on the post of Lecturer. It is also not in dispute that as per the Government Resolution dated 27th May 1997, whenever a vacancy arises in the cadre of teaching staff, it is necessary for the College-authorities to obtain prior permission to fill up such vacancy and before issuing advertisement, from Joint Director, Higher Education. Similarly, the teachers who were declared surplus due to reduction of sections, strength of students, are required to be absorbed first in such vacancies. The list of such surplus teachers/ Lecturers is always with the Joint Director, Higher Education. 3. In the instant case, the petitioner- Sanstha, without obtaining no objection/ approval from the Joint Director of Higher Education, made an appointment by ignoring the claim of the surplus teachers and, therefore, the action of Joint Director, Higher Education, in our view, is just and proper; hence no case is made out for showing indulgence. Writ Petition is dismissed. JUDGE JUDGE sahare