2012wp4862.11.odt 1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO.4862 of 2011 Bhartiya Shiskhan Sanstha, Navargaon ..vs.. The State of Mah. through Secretary Mantralaya, Mumbai and ors. =-=-==-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. S.R.Deshpande, Adv. for the petitioner. Mr. Nitin Sambre GP for the respondents. C ORAM : D.D.SINHA AND A.P.BHANGALE, JJ. DATED : 20th DECEMBER, 2011. Heard the learned counsel for the petitioner as well as learned Government Pleader for the respondents. The grievance of the petitioner is in respect of refusal to grant approval by the Education Officer to Shri M.B.Lanje as Headmaster of Bharat Vidyalaya Palasgaon (Jat). At the out set, Mr.Sambre, learned Government Pleader, has submitted that the seniority list annexed with the petition is relied on by the petitioner, for grant of promotion to Mr.Lanje as a Headmaster of one of the schools run by the petitioner – Management has not been approved by the Education Officer. Similarly, the post of the Headmaster in question was reserved for Scheduled Tribe category and since Mr.Lanje does not belong to Scheduled Tribe category, Education Officer did not grant approval to Mr.Lanje 2012wp4862.11.odt 2 though he was appointed by the petitioner – Management. The learned counsel for the petitioner has submitted that seniority list of both these schools has been approved by the Education Officer and in view of the law laid down by this court in 2006(6) Mh.L.J. 882 (New English High School ..vs.. Baldeo), the policy of the reservation cannot be made applicable in the instant case since there are only two posts of Headmasters. In the circumstances, we dispose of the petition with liberty to the petitioner to make representation in this regard to the Deputy Director of Education within one month. On receipt of such representation, we further direct Deputy Director of Education to decide the same in accordance with law and procedure applicable in this regard within period of six weeks thereafter. With this observation and direction, writ petition is disposed of. JUDGE JUDGE. chute 2012wp4862.11.odt 3