- 1 - Writ Petition No.5418/2009 and 5457/2009 Heard counsel for the parties. These writ petitions under Article 226 essentially question the correctness of the view taken by the Deputy Director of Education, Aurangabad, as communicated to the schools vide letters dated 16.10.2007 to the effect that approval can not be granted to the appointments of the petitioners since there was dispute pending between the management of the trust. No other reason has been recorded. In our opinion, the fact that dispute between the trustees inter-se is pending before the Charity Commissioner, can not be the sole basis to reject request for approval to the appointment of the teachers-petitioners, if they are in fact appointed and working with the school. The Deputy Director of Education, while considering the issue of approval to such appointments, is primarily concerned with the sanctioned strength of teachers of that school, which is obviously keeping in mind the students – teachers ratio as per the norms. In cases where there is dispute between the trustees inter-se of the trusts, the approval can be accorded subject to the outcome of the legal proceedings - 2 - pending between the trustees inter-se so that equities would be adjusted between the parties. That, however, will have to be done in cases where the incumbent is found to be actually working in the school and discharging the duties of teacher or any other designation, which is permissible as per the rules. In the affidavit filed on behalf of Deputy Director of Education, to oppose this writ petition, it is stated that approval can not be granted to the petitioners also for the reason that the backlog of S.C. category has not been filled. However, on plain reading of the communication dated 16.10.2007, we find that the sole reason stated by the Deputy Director in the communication is that there was dispute pending between the management, for which reason approval can not be accorded. No other reason has been spelt out. This position is fairly accepted by the learned A.G.P. Appearing for the concerned respondent. In the circumstances, we set aside the reason stated by the Deputy Director in his communication dated 16.10.2007 and instead, relegate the parties before the Deputy Director of Education for reconsideration of approval / proposal of the petitioners, which will have to be considered on its own merits keeping in mind the observations in this decision, which as aforesaid, will be without prejudice to the pendency of legal proceedings between the trustees of the management. The Deputy Director of Education shall decide the matter - 3 - expeditiously preferably within eight weeks from today. All questions in the said proceedings are left open, to be examined on its own merits. Needless to observe that the authority shall afford opportunity to concerned parties as per law. Petitions disposed of accordingly. (A.M. Khanwilkar, J.) (S.S. Shinde, J.) Dt/- 15.01.2010 ndk/c1511014