1 WP7746-10 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7746 OF 2010 Shri.Ingole Laxman Shankar. ...Petitioner vs. 1.State of Maharashtra & ors. ...Respondents --- Mr.L.N.Bedekar i/b. Vishwasrao & Deokar, for Petitioner. Mr.C.R.Sonawane, AGP for Respondent nos.1 & 2. --- CORAM: D.K.DESHMUKH & N.D.DESHPANDE,JJ. DATED: 30th September, 2010 P.C.: 1. Rule, returnable forthwith. Heard finally by consent of petitioner and Respondent nos.1 and 2. The petitioner who is working as Assistant Teacher in a recognized private school at village Ponyanje, Taluka Panvel, challenges the order passed by the Education Officer for his absorption in some other school on the ground 2 WP7746-10 that he is surplus in the school at Village Ponyanje. 2. We have heard both the learned Counsel. Perusal of Rule 26 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 shows that first the employee who has been rendered surplus has to be retrenched by the Management after giving him three months notice and it is only thereafter that an order can be made by the Education Officer for his absorption in some other school. The Rule lays down the principles that are to be followed in declaring a teacher or employee as surplus. In the present case, it appears that without there being any notice given by the Management as contemplated by Rule 26 of the Rules, the Education officer has made order for absorption on the assumption that the petitioner has become surplus in the school at village Ponyanje. In our opinion, therefore, the order will have to be set aside. In our opinion, the following order would meet 3 WP7746-10 the ends of justice:- Order dated 30.8.2010 which is impugned in the petition, is set aside. The matter is remitted back to the Education Officer for denovo consideration and decision in accordance with law. Rule is made absolute accordingly. No order as to costs. (D.K.DESHMUKH,J.) (N.D.DESHPANDE,J.)