1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5196 OF 1997 Mhatma Phule Vidya Prasarak Sanstha At Dhule. .... PETITIONER V E R S U S 1. The State of Maharashtra Through Govt. Pleader, High Court of Bombay, Bench at Aurangabad. 2. The Dy.Director of Education Nashik Divion, Nashik. 3. Shri. Pandit Shivram Vadile Age : Major, Occ. Service, R/o : Dhule. 4. Shri. Sitaram Barikrao Gaikwad Age : Major, Occ. Service, R/o : Dhule. .... RESPONDENTS Mr. P. V. Barde , Advocate holding for Mr. P.M.Shah, Advocate for petitioner. Mr. K.B.Choudhari, Additional Govt. Pleader for State. CORAM : B.R.GAVAI AND S.V.GANGAPURWALA, JJ. DATE : 25/06/2010 ORAL JUDGMENT : [ PER - S.V. GANGAPURWALA, J. ] 1. The petitioner has approached this Court seeking directions against the respondents to release an amount of Rs. 75,000/-, which is 2 deducted from the eligible grant and also to accord approval for retrenchment of respondent nos. 3 and 4. 2. The case of the petitioner is that there was a recessional trend of students towards commerce faculty and so also because of the increase in the commerce colleges, the petitioner/Institution could not secure the required students and as such the teachers are surplus. The Education Officer has deducted the grants. As such, the petitioner has approached this Court with the prayers as aforesaid. 3. Mr. Barde, the learned counsel for the petitioner submitted that the grants are being gradually reduced because of the lack of students and the teachers are surplus. From the perusal of the letter dated 2/10/1996, it is clear that the grants were deducted for the reason that the petitioner could not secure the attendances of the students, who had already taken admission and the said grant is not deducted for the lack of students or the teachers being surplus. 4. As per Rule 26 of the M.E.P.S. Rules, it is the duty of the Education Officer to absorb any surplus teacher. Affidavit in reply has been filed by the Education Officer, which clearly states that in the year 1996 – 97, one teacher is made surplus and the 2 teachers are absorbed. Necessary students are there and the Institution is taking 100 % grant. More over, it has also been brought on record by the Education Officer that though the course of commerce is closed, the petitioner is having Economics and Co-operation subjects in Arts faculty and these teachers can be absorbed there. Even the 3 work load is sanctioned for Commerce and Arts faculties and even if one faculty is closed, the teacher can be accommodated in Arts faculty for the subjects of Economics and Co-operation. The petitioner has not controverted the statements of the respondent. As such, the same can be accepted. 5. In the light of above, the petition is devoid of any merits, as such is dismissed. Rule is discharged. However, there shall be no order as to costs. [ S.V.GANGAPURWALA ] [ B.R.GAVAI ] JUDGE JUDGE knp/WP 5196.97