1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.611 OF 2009 (Saraswati Gramin Sanstha and another vs. Deputy Director of Education and another) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : FEBRUARY 12, 2009 Heard Shri Dharmadhikari, learned Counsel for the petitioners, and Shri Thakre, learned Assistant Government Pleader for the respondents. The petition is directed against the communication dated 2.2.2009 issued by the Education Officer whereby petitioner Sanstha was informed not to fill up the post of Shikshan Sevak in Saraswati Vidyalaya, Dhondgaon since some proceedings are pending before the Human Rights Commission. It is not in dispute that pendency of proceedings before the Human Rights Commission in no way comes in filling up the post since permission 2 to fill up the post was granted on earlier occasion by the competent Authority as per procedure prescribed under the Maharashtra Employees of Private Schools (Conditions of Service) Act and the Rules. This legal position is not disputed by the learned Assistant Government Pleader. In the circumstances, it is open for the petitioners to take appropriate steps to fill up the post on the basis of permission already granted by the Education Department, if there are no other legal impediments in doing so. With these observations, the petition is disposed of. JUDGE JUDGE khj