1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO: 330 /2009 (Mrs Rohini s/o Rajiv Aloni vs. State of Maharashtra and others) ----------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. ................................................................................................................................... CORAM: D.D.SINHA & A. P. BHANGALE , JJ. DATED: 15th April, 2009. *** 1. Heard Mr B G Kulkarni, learned counsel for the petitioner; Mrs Bharati Dangre, learned Addl. Government Pleader for Respondents 1 to 3 and Mr. Mohgaonkar, for Respondents 4 and 5. 2. This Petition is directed against the communication dated 7th April,2008 issued by the Respondent No.2-Deputy Director of Education Nagpur, whereby the proposal submitted by the Respondent-Management of the petitioner for grant of approval as Shikshan Sevak came to be rejected on the ground of backlog position. Counsel for the petitioner has submitted that the petitioner was appointed in the year 2007. In the said year, there were eleven vacancies, out of which eight 2 were filled in from the candidates belonging to reserved categories. It is, therefore, contended that the reasoning given by the Deputy Director of Education for non-grant of approval on this count, is not proper. 3. Learned Addl. Govt. Pleader disputed the action of the Respondent-Management. It is contended that the backlog in the year 2005 was 18; however, the Management has not apprised the Deputy Director of Education about the backlog position for subsequent years, including that of 2007. 4. In the backdrop of the above-referred facts, in our view, it will be appropriate for the petitioner as well as Management to approach the Deputy Director of Education by making appropriate representation against the impugned communication, within a period of fifteen days. If such a representation is made, we direct the Deputy Director of Education to consider the same on its own merit and in accordance with law and take a decision within a period of six weeks from the date of communication of the order of this Court, by observing the principles of natural justice. Needless to mention that the impugned communication shall not come in the way of reconsideration of the issue by the Deputy Director 3 of Education. 5. With these observations and directions, Writ Petition is disposed of. Steno copy allowed. JUDGE JUDGE sahare