1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7128 OF 2009 Shri Sunil s/o Bhaskar Gurav, R/o- Plot No.93, Srikrushna Nagar, Raver, Tq-Raver, Dist-Jalgaon. ...PETITIONER. VERSUS 1) The Chairman, Raver Shikshan Sauvardhan Sangh, Raver, Office-14 GG, High School, Raver, Station Road, Raver, Tq-Raver, Dist-Jalgaon. 2) The Head-Master, Sardar GG High School, Station Road, Raver, Tq-Raver, Dist-Jalgaon, 3) The Education Officer (Secondary), Zilla Parishad, Jalgaon, Dist-Jalgaon. ...RESPONDENTS. ... Shri.V.S. Undre Advocate h/f. Shri. P.R. Katneshwarkar Advocate for Petitioner. Shri.M.M. Bhokarikar Advocate for Respondent Nos. 1 and 2. Smt.Y.M. Kshirsagar, A.G.P. for Respondent No.3. ... 2 WITH WRIT PETITION NO.7340 OF 2009 Dnyaneshwar s/o Bansi Kharale, R/o- Plot No.21, Gat No.701, Panchmukhi Hanuman Nagar, Old Savda Road, Raver, Tq-Raver, Dist-Jalgaon. ...PETITIONER. VERSUS 1) Raver Shikshan Sauvardhak Sangh, Office-Sardar GG High School, Raver, Station Road, Raver, Tq-Raver, Dist-Jalgaon Through its Chairman, 2) Sardar GG High School, Station Road, Raver, Tq-Raver, Dist-Jalgaon, Through its Head Master 3) The Education Officer (Secondary), Zilla Parishad, Jalgaon, Dist-Jalgaon. 4) Shrikant s/o Avinash Tayde, 5) Bhagwat s/o Dhondu Bhat, 6) Vasant s/o Hari Chaudhari, 7) Prakash s/o Rajaram Belaskar, 8) Kiran s/o Eknath Mankar, Respondent Nos. 4 to 8 all R/o- Sardar G.G. High School, Raver, Station Road, Raver, Tq-Raver, Dist-Jalgaon. ...RESPONDENTS. 3 ... Smt. M.L. Sangit Advocate for Petitioner. Shri.M.M. Bhokarikar Advocate for Respondent Nos. 1 and 2. Smt.Y.M. Kshirsagar, A.G.P. for Respondent No.3. ... CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 30TH JUNE, 2010. PER COURT : 1. Heard learned counsel for the parties. 2. The Petitioners are working as Peon. They claim to have improved their qualification and based on the same, they prayed that they be appointed as Junior Clerk under the policy decision taken by the Government under Circular dated 10th May, 2005. The Petitioners have placed reliance on the Judgment of the Division Bench of the Bombay High Court (Nagpur Bench) in the case of Ashok s/o Shankarrao Shinde vs. Probodhan Shikshan Sanstha and others, reported in 1999 (1) Mh. L.J. Page 348. The Petitioners have placed on 4 record seniority-list. It is the contention of the Petitioners that three Junior Clerks were recently promoted by the Management and at least remaining posts should be filled in from 25% quota of Class-IV employees by way of promotions. 3. The Management submits that the Petitioners were interviewed in the earlier selection process but they could not succeed in the interview, so they were not appointed. This process was against the advertisement issued for direct appointment. 4. In the facts of the case, we observe that the Management would take appropriate decision strictly in the light of the Government policies, relevant Government Resolutions, Circulars, seniority-list and thereafter appoint suitable persons byway of promotion out of 25% quota from the category of Class-IV employees, as Junior Clerk. The Education Officer (Secondary), Zilla Parishad shall also supervise the decision so 5 taken by the Management. It would be premature for this Court to observe anything in anticipation of the decision of the Management. In case the Petitioners are aggrieved by the decision taken by the Management, they are at liberty to resort to appropriate remedies as permissible in law. 5. With these observations, the Writ Petitions are disposed of. [K.K. TATED, J.] [NARESH H. PATIL, J.] asb/JUNE10/wp7128.09