1 ASWP-682-2011 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 682 OF 2011 Rajendra L. Patil ...Petitioner Versus The State of Maharashtra & ors. ...Respondents Mr.S.A.Rajeshirke for petitioner. Ms.S.S.Bhende, AGP for respondent nos.1 to 4. Mr.S.S.Patwardhan for resp.nos.5 and 6. CORAM: B. H. MARLAPALLE & SMT. NISHITA MHATRE, JJ. September 2, 2011. P.C. 1. Heard Mr.Rajeshirke, the learned counsel for the petitioner. The petitioner is employed as a part time Librarian with Shivaraj Vidyalaya at Aitawade Khurd, Tal. Walwa, Dist. Sangli and the said school is run by the respondent no.5 – management i.e. Warna Shikshan Sanstha. He had approached this Court in Writ Petition No.6793 of 1998 and the said petition was disposed off by a Division Bench of this Court on 17th 2 ASWP-682-2011 November 2009. In the said petition also he had prayed for directions to upgrade his post as a full time Librarian on the basis of the G.R. dated 3rd August 2006. This Court granted liberty to the petitioner to submit a representation to the Deputy Director of Eduction who in turn was directed to hear and decide the same on the basis of the G.R. dated 3rd August 2006 and decide the question whether the respondent – school would be entitled to the benefit of the G.R. dated 3rd August 2006 so as to convert the present post of part time Librarian into full time. 2. Consequently the petitioner submitted a fresh representation to the Deputy Director of Education, Kolhapur Division, Kolhapur and after hearing the petitioner, the management and the Head Master as well as the Education Officer, the Deputy Director of Education passed the order dated 15th May 2010 and held that the strength of the students with the respondent no.6 – school in the three continuous academic years from 2003-2004 to 2005-2006 was less than 1000 students and, therefore, the petitioner was not eligible to be appointed as a full time Librarian. Being aggrieved by the said order dated 15th May 2010, the petitioner filed an appeal before the Director of Education who by his order dated 17/9/2010 dismissed the appeal and confirmed the order passed by the 3 ASWP-682-2011 Deputy Director of Education. 3. We have noted from the order passed by the Deputy Director of Education, Kolhapur Region that the petitioner along with the Education Officer (Secondary), Secretary of the respondent – management and the Head Master of the School was heard on 4/1/2010, the Head Master had submitted the school record so as to assess the strength of the students and from the said record the strength for the years 2003-2004 to 2005-2006 was noted to be as under: Sr. no. Year Secondary Aided Higher Secondary Aided Higher Secondary Partly Aided Total Strength Aided Total Strength Aided + Partly Aided 1 2003-2004 887 122 -- 1009 1009 2 2004-2005 870 123 62 993 1055 3 2005-2006 867 130 69 997 1066 4. The Deputy Education Officer (Secondary) has filed affidavit in reply as well as additional affidavit and has placed before us the record of verification of the students strength for the academic years 2003-2004 to 2009-2010 and we have noted that so far as the fully aided sections are 4 ASWP-682-2011 concerned, the strength of students for the respective academic years has been verified as under: Sr. No. Year Strength of students 1 2003-2004 1009 2 2004-2005 993 3 2005-2006 997 4 2006-2007 929 5 2007-2008 942 6 2008-2009 958 7 2009-2010 992 5. The G.R. dated 3/8/2006 specifically states that while counting the strength of students for converting the post of part time Librarian to full time, the students’ strength in the aided sections will be considered and if that be so, we cannot find fault with the impugned order dated 15/5/2010 passed by the Deputy Director of Education and confirmed by the Director of Education as the strength of students from 2004-2005 has not crossed 1000. Hence this petition must fail and the same is hereby rejected. (SMT.NISHITA MHATRE, J.) (B. H. MARLAPALLE, J.)