( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5174/2009 (Bhagwan Dinbaji Jambhule and others -vs- The Joint Charity Commissioner and others) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : DECEMBER 7, 2009. 1) Heard Advocate Shri Parsodkar for petitioner. Learned A.G.P. Shri Fulzele for respondent No.1. Advocate Shri Murkute for respondents No.2 to 4. 2) By order dated 13/07/2009 Joint Charity Commissioner has refused permission to management to fill in post of Shikshan Sevak. 3) Advocate Parsodkar has invited attention to order dated 14/10/2008 in Writ Petition No.3675/2008 to show that this Court permitted management to fill in vacancies and accordingly on 24/10/2008 the Education Department has permitted management to fill in two posts of Shikshan Sevak i.e. one for B.Sc. B.Ed. (Biology) and other for B.A. B.Ed. (English). The post mentioned for B.A. B.Ed. (English) could not have be in. Hence, in terms of said permission of Education Officer (Secondary Zilla Parishad, Chandrapur) and orders of this Court in Writ Petition No.3675/2008, the permission ought to have been given. ( 2 ) 4) Advocate Shri Murkute states that in year 2008 strength of students was 461 and in year 2009 it has come down to 409. According to him, therefore, the requirement does not exist. Learned A.G.P. is also supporting the impugned order. 5) I have perused impugned order and I find that the absence of need is not the reason given by respondent No.1. The said authority has only noticed that an application for framing of scheme under Sec.50 (A) of Bombay Public Trust Act is pending and it also observed that no other supporting documents have produced. 6) For reasons recorded by me in earlier order dated 14th October, 2008, I find that same course of action can be followed even now. In view of objection raised by Advocate Shri Murkute, it will be appropriate for petitioners to move Education Officer for grant of said permission. The said permission be sought by filing appropriate proposal by 15th December, 2009 and Education Officer (Secondary) shall consider that proposal and if it is found necessary to grant permission and same shall be granted by 25th December, 2009. The management thereafter can proceed further to fill in the vacancy in accordance with law provisionally and subject to further orders in pending scheme proceedings. With this direction writ petition is disposed of, no cost. JUDGE Khunte.