Kambli 1 wp3705.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3705 OF 2010 ... The New Miraj Education Society Miraj, District: Sangli and Anr. ..Petitioners v/s. State of Maharashtra & ors. ..Respondents ... Mr.N.V.Bandiwadekar for the petitioners. Mr.C.R.Sonawane, AGP for State. ... CORAM: D.K.Deshmukh & N.D.Deshpande,JJ DATED: 21st September, 2010 P.C.: 1. Rule. Returnable forthwith. Heard finally by consent of parties. Kambli 2 wp3705.10 2. This petition is filed by Management of the recognised and aided Junior College and concerned teacher challenging the order dated 14-1-2010 passed by the Deputy Director of Education declining to approve the appointment of the Petitioner No.2. The Petitioner No.2 has been appointed against the open seat. The reason given in the order for not approving her appointment is that there is a backlog of one scheduled tribe and one O.B.C. Candidate. 3. The submission of the Petitioners is that even assuming that there is a backlog of one scheduled tribe and one O.B.C. Candidate, as the Petitioner No.2 has been appointed against the existing open vacancy, approval to her appointment could not have been declined on the ground of existence of backlog. At the most direction could have Kambli 3 wp3705.10 been issued to fill in the backlog. 4. We have heard the learned Asst.Government Pleader. He points out from the affidavit that there are seven admissible posts in the open category and nine posts have been filled in from Open category, but he is not able to point out from the affidavit filed on behalf of the Respondent that the appointment of the Petitioner No.2 is against the reserved vacancy or that it is in excess of sanctioned post. 5. Taking overall view of the matter, therefore, in our opinion, following order would meet the ends of justice. O R D E R (i)The order dated 14-1-2010 is set aside. The matter is remitted back to the Deputy Kambli 4 wp3705.10 Director of Education for denovo consideration and decision in accordance with law. (ii) The Petitioners shall make a detailed representation in support of their case for approval within a period of two weeks from today. (iii) The Deputy Director of Education shall make a final order thereon within a period of six weeks thereafter. (D.K.Deshmukh, J.) (N.D.Deshpande, J.)