wp-7956-11 and 7957-11 Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7956 OF 2011 Smt Manisha Rajeshwar Deshmukh .. Petitioner. Versus The State of Maharashtra and others .. Respondents. WITH WRIT PETITION No. 7957 of 2011 Ayub Razak Patel. .. .. Petitioner. Versus The State of Maharashtra and others .. Respondents. Mr N.V. Bandiwadekar for the Petitioners. Ms Aparna Vhatkar, Assistant Government Pleader for the Respondents in both the petitions. CORAM : R. V. MORE, J. DATED : 3 October, 2011. P.C.: 1. Heard learned counsel for the petitioners and learned Assistant Government Pleader for respondent Nos. 1 and 2. Respondent Nos. 3 wp-7956-11 and 7957-11 and 4 though served by private service, none appeared on their behalf. Mr Bandiwadekar, learned counsel for the petitioners states that, otherwise also, they are formal parties, inasmuch as no relief is claimed against them and the proposal for petitioners' approval was sent by them which came to be rejected by order impugned in the writ petition. 2. The issue which had arises in writ petition No. 4635/2009, is also the subject-matter of dispute in this writ petition. The Deputy Director of Education - respondent No.2 herein, by his order dated 7th September, 2011 had refused to grant approval to the appointment of the petitioners as Shikshan Sevak with effect from 2003 on the ground that the backlog of the reserved category candidates is not filled up. The question which arose before this Court for consideration was whether the Deputy Director of Education had erred in refusing to grant approval to teachers, who are appointed from the open category, merely on the ground that the backlog of reserved category candidates has not been filled in by the Managment. This question was answered in the affirmative and consequently the Deputy Director was directed to grant approval to the petitioners in that writ petition. The decision of this Court in writ petition No. 4635 of 2009 was challenged before the Division Bench in LPA No.64 of 2010, which came to be dismissed against which appellants went to the Apex Court in Special Leave to Appeal (Civil),however, same was also dismissed by the Apex Court. 3. Therefore, for the reasons stated in W.P. No.4365 of 2009 present writ petitions are allowed. The impugned order dated 7.9.2011 is hereby quashed and set aside. Respondent No.2-Deputy Director of Education is directed to grant approval to the appointment of the petitioners as Shikshan Sevak from the open category and release petitioner’s salary within six weeks from the date of receipt of the copy of this order. It is wp-7956-11 and 7957-11 made clear that approval would relate back to the date when the Management first appointed the petitioner, by following due process of law and forwarded proposal to the Deputy Director. The writ petition is allowed in above stated terms with no order as to cost. Parties to act on an authenticated copy of this order. (R. V. MORE, J.)