1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.7458 OF 2009 Smt.Madhuri Vamanrao Deshpande, Age 46 years, Occu.Service, R/o C/o U.V.Bhalerao, A-2, Shantganga Complex, Dashmeshnagar, Aurangabad,Tq. and Dist.Aurangabad .. PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Department of School Education, Mantralaya, Mumbai 32 2. The Deputy Director of Education, Aurangabad, Tq. and Dist.Aurangabad 3. Vivekanand Shikshan Sanstha, Samarthnagar, Aurangabad, Through its Secretary 4. Vivekanand Junior College, Samarth Nagar, Aurangabad, Through its Principal ..RESPONDENTS Mr.D.J.Chaudhari, Advocate for petitioner Mrs.A.V.Gondhalekar, Assistant Govt.Pleader for respondents 1 & 2 Mr.P.M.Shinde, Advocate for respondents 3 and 4 WRIT PETITION NO.7459 OF 2009 Kankaleshwar s/o Tejrao Hire, Age 32 years, Occu.Service, R/o Hire Niwas, Near University Gate, Jaisingpura, Aurangabad, Taluka and District Aurangabad ..PETITIONER VERSUS 2 1. The State of Maharashtra, Through its Secretary, Department of School Education, Mantralaya, Mumbai 32 2. The Deputy Director of Education, Aurangabad, Tq. and Dist.Aurangabad 3. Vivekanand Shikshan Sanstha, Samarthnagar, Aurangabad, Through its Secretary 4. Shri Ghrushneshwar Junior College, Khultabad, Taluka Khultabad, District Aurangaqbad Through its Principal ..RESPONDENTS Mr.D.J.Chaudhari, Advocate for petitioner Mrs.A.V.Gondhalekar, Assistant Govt.Pleader for respondents 1 & 2 Mr.P.M.Shinde, Advocate for respondents 3 and 4 WRIT PETITION NO.7460 OF 2009 Smt.Ashvini Balasaheb Kadam, Age 28 years, Occu.Service, R/o House No.11-A, Vivekanand Colony, Behind Hotel Nandanvan, Railway Station Road, Padampura, Aurangabad, Dist.Aurangabad ..PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Department of School Education, Mantralaya, Mumbai 32 2. The Deputy Director of Education, Aurangabad, Tq. and Dist.Aurangabad 3. Vivekanand Shikshan Sanstha, Samarthnagar, Aurangabad, Through its Secretary 3 4. Vivekanand Junior College, Samarth Nagar, Aurangabad, Taluka and Dist.Aurangabad Through its Principal ..RESPONDENTS Mr.D.J.Chaudhari, Advocate for petitioner Mrs.A.V.Gondhalekar, Assistant Govt.Pleader for respondents 1 & 2 Mr.P.M.Shinde, Advocate for respondents 3 and 4 WRIT PETITION NO.7461 OF 2009 Ajit s/o Babasaheb Shisode, Age 32 years, Occu.Service, R/o Tarak Co-operative Housing Society, Behind Ramkrushna Ashram Beed By-pass road, Aurangabad, Taluka and District Aurangabad .. PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Department of School Education, Mantralaya, Mumbai 32 2. The Deputy Director of Education, Aurangabad, Tq. and Dist.Aurangabad 3. Vivekanand Shikshan Sanstha, Samarthnagar, Aurangabad, Through its Secretary 4. Vivekanand Junior College, Samarth Nagar, Aurangabad, Taluka and Dist.Aurangabad Through its Principal ..RESPONDENTS Mr.D.J.Chaudhari, Advocate for petitioner Mrs.A.V.Gondhalekar, Assistant Govt.Pleader for respondents 1 & 2 Mr.P.M.Shinde, Advocate for respondents 3 and 4 4 WRIT PETITION NO.7462 OF 2009 Prashant s/o Narayan Deshmukh, Age 30 years, Occu.Service, R/o House No.11-A, Vivekanand Colony, Behind Hotel Nandanwan, Railway Station Road, Padampura, Aurangabad, Taluka and Dist.Aurangabad ..PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Department of School Education, Mantralaya, Mumbai 32 2. The Deputy Director of Education, Aurangabad, Tq. and Dist.Aurangabad 3. Vivekanand Shikshan Sanstha, Samarthnagar, Aurangabad, Through its Secretary 4. Vivekanand Junior College, Samarth Nagar, Aurangabad, Taluka and Dist.Aurangabad Through its Principal ..RESPONDENTS Mr.D.J.Chaudhari, Advocate for petitioner Mrs.A.V.Gondhalekar, Assistant Govt.Pleader for respondents 1 & 2 Mr.P.M.Shinde, Advocate for respondents 3 and 4 WRIT PETITION NO.7463 OF 2009 Smt.Madhubala Shivram Jagtap, Age 32 years, Occu.Service, R/o Nishant Garden, Jyotinagar, Usmanpura, Aurangabad Taluka and Dist.Aurangabad ..PETITIONER 5 VERSUS 1. The State of Maharashtra, Through its Secretary, Department of School Education, Mantralaya, Mumbai 32 2. The Deputy Director of Education, Aurangabad, Tq. and Dist.Aurangabad 3. Vivekanand Shikshan Sanstha, Samarthnagar, Aurangabad, Through its Secretary 4. Vivekanand Junior College, Samarth Nagar, Aurangabad, Through its Principal ..RESPONDENTS Mr.D.J.Chaudhari, Advocate for petitioner Mrs.A.V.Gondhalekar, Assistant Govt.Pleader for respondents 1 & 2 Mr.P.M.Shinde, Advocate for respondents 3 and 4 WRIT PETITION NO.7464 OF 2009 Mangesh s/o Vijayrao Shengule, Age : years, Occu.Service, R/o Plot No.6, Mukund Apartment, Nageshwarwadi, Aurangabad, Taluka and District Aurangabad .. PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Department of School Education, Mantralaya, Mumbai 32 2. The Deputy Director of Education, Aurangabad, Tq. and Dist.Aurangabad 6 3. Vivekanand Shikshan Sanstha, Samarthnagar, Aurangabad, Through its Secretary 4. Vivekanand Junior College, Samarth Nagar, Aurangabad, Through its Principal ..RESPONDENTS Mr.D.J.Chaudhari, Advocate for petitioner Mrs.A.V.Gondhalekar, Assistant Govt.Pleader for respondents 1 & 2 Mr.P.M.Shinde, Advocate for respondents 3 and 4 WRIT PETITION NO.7465 OF 2009 Yashod s/o Shrirmantrao Patil, Age 29 years, Occu.Service, R/o Tarak Co-op.Housing Society, Behind Shri Ramkrushna Mission Ashram, Beed, By-pass Road, Aurangabad, Tq. and District Aurangabad ..PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Department of School Education, Mantralaya, Mumbai 32 2. The Deputy Director of Education, Aurangabad, Tq. and Dist.Aurangabad 3. Vivekanand Shikshan Sanstha, Samarthnagar, Aurangabad, Through its Secretary 4. Shri Ghrushneshwar Junior College, Khultabad, Taluka Khultabad, District Aurangabad Through its Principal ..RESPONDENTS 7 Mr.D.J.Chaudhari, Advocate for petitioner Mrs.A.V.Gondhalekar, Assistant Govt.Pleader for respondents 1 & 2 Mr.P.M.Shinde, Advocate for respondents 3 and 4 WRIT PETITION NO.7466 OF 2009 Raju s/o Natharao Bhumare, Age 39 years, Occu.Service, R/o At Post Pachod, Tq. Paithan, District Aurangabad ..PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Department of School Education, Mantralaya, Mumbai 32 2. The Deputy Director of Education, Aurangabad, Tq. and Dist.Aurangabad 3. Vivekanand Shikshan Sanstha, Samarthnagar, Aurangabad, Through its Secretary 4. Jawahar Secondary and Higher Secondary School, Pachod, Tq.Paithan, Dist.Aurangabad Through its Head Master ..RESPONDENTS Mr.D.J.Chaudhari, Advocate for petitioner Mrs.A.V.Gondhalekar, Assistant Govt.Pleader for respondents 1 & 2 Mr.P.M.Shinde, Advocate for respondents 3 and 4 WRIT PETITION NO.7814 OF 2009 Smt.Tanjua d/o Prataprao Patil, Age 38 years, Occu.Service, R/o “Mayur Badi”, Plot No.11, “B”, Vivekanand Colony, Opposite to Hotel Nandanwan, Station Road, Aurangabad, Taluka and District Aurangabad ..PETITIONER 8 VERSUS 1. The State of Maharashtra, Through its Secretary, Department of School Education, Mantralaya, Mumbai 32 2. The Education Officer (Secondary), Zilla Parishad, Aurangabad, Taluka and District Aurangabad 3. Vivekanand Shikshan Sanstha, Samarthnagar, Aurangabad, Through its Secretary 4. Mahatma Phule High School, Aurangabad, Dist.Aurangabad Through its Head Master ..RESPONDENTS Mr.D.J.Chaudhari, Advocate for petitioner Mrs.A.V.Gondhalekar, Assistant Govt.Pleader for respondents 1 & 2 Mr.P.M.Shinde, Advocate for respondents 3 and 4 WRIT PETITION NO.7815 OF 2009 Smt.Rupali Vishwanath Mate, Age 31 years, Occu.Service, R/o Dhakephal, Tq. Paithan, District Aurangqabad ..PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Department of School Education, Mantralaya, Mumbai 32 2. The Education Officer (Secondary), Zilla Parishad, Aurangabad, Taluka and Dist.Aurangabad 9 3. Vivekanand Shikshan Sanstha, Samarthnagar, Aurangabad, Through its Secretary 4. Trimbkeshwar Vidyalaya, Navgaon, Taluka Paithan, Dist.Aurangabad, Through its Head Master ..RESPONDENTS Mr.D.J.Chaudhari, Advocate for petitioner Mrs.A.V.Gondhalekar, Assistant Govt.Pleader for respondents 1 & 2 Mr.P.M.Shinde, Advocate for respondents 3 and 4 WRIT PETITION NO.7816 OF 2009 Manthan s/o Pandurang Shisode, Age 30 years, Occu.Service, R/o At Post Dhakephal, Tq. Paithan, District Aurangabad ..PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Department of School Education, Mantralaya, Mumbai 32 2. The Education Officer (Secondary), Zilla Parishad, Aurangabad, Taluka and Dist.Aurangabad 3. Vivekanand Shikshan Sanstha, Samarthnagar, Aurangabad, Through its Secretary 4. Bhimashankar Vidyalaya, Wahegaon, Taluka Paithan, Dist.Aurangabad Through its Head Master ..RESPONDENTS Mr.D.J.Chaudhari, Advocate for petitioner Mrs.A.V.Gondhalekar, Assistant Govt.Pleader for respondents 1 & 2 Mr.P.M.Shinde, Advocate for respondents 3 and 4 10 WRIT PETITION NO.7817 OF 2009 Ananta s/o Bhimrao Aute, Age 27 years, Occu.Service, R/o Apegaon, Taluka Paithan, District Aurangabad ..PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Department of School Education, Mantralaya, Mumbai 32 2. The Education Officer (Secondary), Zilla Parishad, Aurangabad, Taluka and Dist.Aurangabad 3. Vivekanand Shikshan Sanstha, Samarthnagar, Aurangabad, Through its Secretary 4. Nath High School, Paithan, Taluka Paithan, Dist.Aurangabad Through its Head Master ..RESPONDENTS Mr.D.J.Chaudhari, Advocate for petitioner Mrs.A.V.Gondhalekar, Assistant Govt.Pleader for respondents 1 & 2 Mr.P.M.Shinde, Advocate for respondents 3 and 4 WRIT PETITON NO.7818 OF 2009 Vivek s/o Murlidharrao Salunke, Age 41 years, Occu.Service, R/o Rajguru, G-31, Vijayshree Colony, N-5, CIDCO, Aurangabad Taluka and Dist.Aurangabad ..PETITIONER VERSUS 11 1. The State of Maharashtra, Through its Secretary, Department of School Education, Mantralaya, Mumbai 32 2. The Deputy Director of Education, Aurangabad, Tq. and Dist.Aurangabad 3. Vivekanand Shikshan Sanstha, Samarthnagar, Aurangabad, Through its Secretary 4. Bhimashankar Vidyalaya, Wahegaon, Taluka Paithan, District Aurangabad Through its Head Master ..RESPONDENTS Mr.D.J.Chaudhari, Advocate for petitioner Mrs.A.V.Gondhalekar, Assistant Govt.Pleader for respondents 1 & 2 Mr.P.M.Shinde, Advocate for respondents 3 and 4 WRIT PETITION NO.7819 OF 2009 Narayan s/o Mohan Navthar, Age 29 years, Occu.Service, R/o At Post Dhakephal, Tq.Paithan, District Aurangabad ..PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Department of School Education, Mantralaya, Mumbai 32 2. The Education Officer (Secondary), Zilla Parishad, Aurangabad, Tq. and District Aurangabad 3. Vivekanand Shikshan Sanstha, Samarthnagar, Aurangabad, Through its Secretary 12 4. Tukaram High School, Dhakephal, Tq.Paithan, District Aurangabad, Through its Head Master ..RESPONDENTS Mr.D.J.Chaudhari, Advocate for petitioner Mrs.A.V.Gondhalekar, Assistant Govt.Pleader for respondents 1 & 2 Mr.P.M.Shinde, Advocate for respondents 3 and 4 WRIT PETITION NO.7820 OF 2009 Bandu s/o Raosaheb Potphode, Age 35 years, Occu.Service, R/o At Post Amarapur, Tq.Shevgaon, District Ahmednagar ..PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Department of School Education, Mantralaya, Mumbai 32 2. The Education Officer (Secondary), Zilla Parishad, Aurangabad Taluka and Dist.Aurangabad 3. Vivekanand Shikshan Sanstha, Samarthnagar, Aurangabad, Through its Secretary 4. Shri Nath High School, Paithan, Tq.Paithan, Dist.Aurangabad, Through its Head Master ..RESPONDENTS Mr.D.J.Chaudhari, Advocate for petitioner Mrs.A.V.Gondhalekar, Assistant Govt.Pleader for respondents 1 & 2 Mr.P.M.Shinde, Advocate for respondents 3 and 4 13 WRIT PETITION NO.7821 OF 2009 Sharad s/o Dadasaheb Shisode, Age 31 years, Occu.Service, R/o At Post Dhakephal, Tq.Paithan, District Aurangabad ..PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Department of School Education, Mantralaya, Mumbai 32 2. The Education Officer (Secondary), Zilla Parishad, Aurangabad, Tq. and District Aurangabad 3. Vivekanand Shikshan Sanstha, Samarthnagar, Aurangabad, Through its Secretary 4. Tukaram High School, Dhakephal, Tq.Paithan, District Aurangabad, Through its Head Master ..RESPONDENTS Mr.D.J.Chaudhari, Advocate for petitioner Mrs.A.V.Gondhalekar, Assistant Govt.Pleader for respondents 1 & 2 Mr.P.M.Shinde, Advocate for respondents 3 and 4 WRIT PETITION NO.7822 OF 2009 Achut s/o Bhimrao Aute, Age 29 years, Occu.Service, R/o Apegaon, Tq. Paithan, District Aurangabad ..PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Department of School Education, Mantralaya, Mumbai 32 14 2. The Education Officer (Secondary), Zilla Parishad, Aurangabad, Tq. and District Aurangabad 3. Vivekanand Shikshan Sanstha, Samarthnagar, Aurangabad, Through its Secretary 4. Dnyaneshwar Vidyalaya, Begampura, Aurangabad, Tq. and District Aurangabad Through its Head Master ..RESPONDENTS Mr.D.J.Chaudhari, Advocate for petitioner Mrs.A.V.Gondhalekar, Assistant Govt.Pleader for respondents 1 & 2 Mr.P.M.Shinde, Advocate for respondents 3 and 4 CORAM : P.V. HARDAS AND S.V.GANGAPURWALA, JJ DATE : 30th April, 2010 ORAL JUDGMENT (PER P.V.HARDAS, J.) 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 2. By these petitions under Article 226 of the Constitution of India, the petitioners who are teachers appointed with the respondents 3 and 4 institution pray for quashing of the impugned orders dated 16.10.2007 and 14.10.2008 as well as the order dated 13.3.2009 issued by respondent No.2 Deputy Director of Education, Aurangabad rejecting the proposals of the petitioners seeking approval to the appointment to the post of 15 higher secondary teacher in the respondent No.4 – School on the ground that the institute had not filled the backlog in respect of reservation. 3. Mrs.Gondhalekar, learned Assistant Govt.Pleader on behalf of the respondents 1 and 2 submits that in the event the management gets the roster certified from the Backward Class Cell, the respondents would consider grant of individual approval to the petitioners as the staff pattern has been approved. Mr.P.M.Shinde, learned Counsel appearing on behalf of respondent – management states that the respondent – management has already forwarded/submitted the roster for being certified by the Backward Class Cell and as soon as the roster is certified by the Backward Class Cell, the proposals seeking approval to the appointment of the petitioners would be submitted to the respondents for grant of approval to their appointments. Mr.Shinde further states such proposals would be submitted by respondent – management within two weeks of the roster being certified by the Backward Class Cell. Learned Assistant Government Pleader states that on receipt of the said proposals, after the roster is certified by the Backward Class Cell, the respondents would decide the question of grant of individual approval to the petitioners within four weeks of the receipt of such proposals. We accept the aforesaid statement made on 16 behalf of the respondent – management and the respondents – Government authorities as an undertaking to the Court. 4. The Writ Petitions are accordingly allowed and the impugned orders are struck down and Rule is made absolute in terms of the statements referred to above with no orders as to costs. ( S.V.GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/7458.09wp)