1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6793 OF 2008 Shri Rajendra L. Patil ...Petitioner v/s State of Maharashtra and ors. ...Respondents Mr S.A. Rajeshirke for Petitioner. Mrs M.P. Thakur, AGP for Respondent Nos.1 to 3. Mr S.S. Patwardhan for Respondent Nos.4 and 5. CORAM : D.K. DESHMUKH AND K.K. TATED JJ. DATE : 17TH NOVEMBER 2009. 2 P.C. :- 1] Rule, returnable forthwith. Head finally by consent of the parties. 2] There is no dispute between the parties that the Government Resolution dated 3 rd August 2006 is to be implemented. However, the dispute between the petitioner and the management is that according to the management, the strength of the total students in the school is less than 1000. Therefore, the school where the petitioner is working is not entitled to the benefits of the Government Resolution dated 3 rd August 2006. However, according to the petitioner, the school is entitled to the benefit of that Government Resolution. The statements made in the affidavit filed on behalf of the respondent Nos.1 to 3 also appear to support the case of the petitioner. The learned counsel appearing for management, however, stated before us that if it is found that the school of the management is entitled to the benefits of 3 Government Resolution dated 3 rd August 2006, the management does not have anything against the petitioner and he is entitled to have appointment as full time Librarian. In our opinion, following order would meet the ends of justice. 3] The petitioner within a period of two weeks from today shall submit a representation to the respondent No.2 requesting him to decide the question whether the school where the petitioner is working is entitled to the benefits of the Government Resolution dated 3 rd August 2006. The petitioner shall place all material before him including the affidavit filed in this petition. The petitioner shall serve copy of his representation on the management. The respondent No.2 shall grant an opportunity of being heard to the petitioner and the management and decide the question whether the respondent No.5  School is entitled to the benefits of the Government Resolution dated 3 rd August 2006. In case the respondent No.2 holds that the School is not entitled to the benefits of the Government 4 Resolution dated 3 rd August 2006, the petitioner shall be at liberty to challenge that order before appropriate forum. If the respondent No.2 finds that the respondent No.5  School is entitled to the benefits of the Government Resolution dated 3 rd August 2006 subject to the right of the management to challenge that order, the management shall appoint the petitioner as full time Librarian. This decision shall be given by the respondent No.2 within a period of six weeks from the date on which the petitioner submits his representation. Rule is made absolute accordingly with no order as to costs. Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE K.K. TATED )