wp2083.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 2083 OF 2010 Valmiki Sevabhavi Sanstha & others .. PETITIONERS VERSUS The State of Maharashtra & another .. RESPONDENTS Mr. R.N. Dhorde, advocate holding for Mr. S.G. Rudrawar, advocate for the petitioners. Mr. T.S. Lodhe, AGP for the State. Mr. S.K. Sadavarte, advocate holding for Mr. R.J. Godbole, advocate for cavetor. ===== CORAM : D.B. BHOSALE & R.M. BORDE, JJ. DATE : 24 th FEBRUARY, 2011 PER COURT : 1 Heard learned counsel for the petitioners. 2 The petitioners have impunged the order dated 15-2-2010 passed by respondent no. 2 - Education Officer, whereby he has cancelled the approval granted to the appointments of the petitioner nos. 2 and 3 on the wp2083.10 2 post of clerk and peon respectively, in Kai. Laxmanrao Ghisewad High School, Kedarguda, Tq. Hadgaon. 3 We have perused the order dated 15-2-2010. From the order it is clear that the approval has been cancelled mainly on the ground that the conditions prescribed in Section 5(1) of the MEPS Act, 1977 were not complied with. Under this provision the management, before proceeding to fill vacancies, is obliged to ascertain from the Education Officer, whether there is any suitable person available on the list of surplus persons for absorption. In other words it was mandatory for the management to seek prior approval of the Education Officer before issuing an advertisement for filling those posts. To our specific query put to the learned counsel for the petitioner, he fairly submitted that the compliance as provided for under this provisions was not made by the management. In the circumstances, we find no merit in the writ petition. The petition is dismissed. ( R. M. BORDE ) ( D.B. BHOSALE ) JUDGE JUDGE dyb