VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION No. 1375 OF 2008 Vijay Sharma Petitioner Vs. The Principal, K.D.N. Shruti School Respondents & Ors. Mr. Piyush Shah, for the Petitioner. Mr. T. R. Yadav with R. V. Paranjape, for the Respondent Nos. 1 & 2. Ms. S. Sreedharan, AGP for the Respondent No.4. CORAM : F.I. REBELLO, & A. A. KUMBHAKONI, J. DATE : SEPTEMBER 30, 2008. PC :- 1. The petitioner is a Special teacher in the school, run by the respondent No.1 school, K.D.N. Shruti School for Deafs. Respondent No.1 School is a Government aided school. The respondent No. 2 a registered Public Charitable Trust, is managing the respondent No.1 school. The grievance of the petitioner is that there is a regular vacancy and the respondent No.3 has forwarded the approval in the year 2006, for appointment of the petitioner on the regular basis to the respondent No.4. It is submitted that till date the respondent No.4 has not considered the - 2 - same. 2. On behalf of respondent Nos. 3 and 4 it is sought to be contended that the said post is reserved; and as such the petitioner cannot be regularised in the said post. 3. It is contended on behalf of the petitioner that the vacancy is against the open category and therefore, the petitioner can be regularised in the said post. Considering the controversy, in our opinion, the ends of justice will be met by giving following directions- (a) The Commissioner of the Welfare and Disabled, State of Maharashtra is directed to hear the petitioners and the respondent Nos. 1 & 2 and after so doing pass the necessary orders within 30 days from today. (b) The petitioner, and the respondent Nos. 1, 2 shall appear before the Commissioner of the Welfare and Disabled, State of Maharashtra, on 8th October, 2008 at 11 a.m. for further directions. (c) It will be open to the parties to place - 3 - further representation before the Commissioner of the Welfare & Disabled, State of Maharashtra, if they so desire. 4. With the above observation, petition is disposed of. Sd/- [ F.I. REBELLO, J.] Sd/- [ A. A. KUMBHAKONI, J.]