*1* wp.3457.11.911.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3457 OF 2011 Mahila Mandal, Kulgaon and another. ..Petitioners -Versus- The State of Maharashtra and others. ..Respondents .......... Mr.N.V.Bandiwadekar, for the Petitioners. Mr.S.N.Bhosale, AGP, for the Respondent Nos.1 and 2. .......... CORAM : S.C.DHARMADHIKARI, J. Date : 09th August, 2011. P.C.: 1 The Education Officer (Secondary), Zilla Parishad, Thane has informed the Headmaster of Dwarkabai Ganesh Naik Vidyalaya, Kulgaon, Badlapur on 31.03.2011 that the Management was directed very clearly by a letter dated 20.09.2010 that as per the roster-point the backlog should be filled in, but the Management has not taken any steps to fill in the backlog of the reserved category employees. In such circumstances, the approval granted to the appointment of the open category teacher Smt.Yogita Prakash Patil (Petitioner No.2) has been cancelled. 2 It is aggrieved by this order, the Management and the teacher have approached this Court in writ jurisdiction. 3 On a query from the Court on the earlier occasion, after taking instructions, Mr.Bandiwadekar, learned counsel appearing for the Petitioners, makes a statement that the Petitioner No.1/Management will fill in the backlog of the Special Backward Category (SBC) teacher immediately when the first vacancy occurs, which will occur in April, 2012. In other words, in the first available vacancy in the post of a teacher, which will be in April, 2012, the Management will make appointment of a Special Backward Category candidate initially as a *2* wp.3457.11.911.sxw Shikshan Sevak. 4 In the light of this statement of Mr.Bandiwadekar which is accepted as an undertaking to this Court, in the larger interest of justice and since the Petitioner No.2 has no control over the affairs of the school and particularly, the management or administration of a secondary school, that the approval given to her appointment is maintained. The order dated 31.03.2011 withdrawing the said approval and that too without hearing the affected teacher, is recalled and set aside, but on an undertaking of the Management as recorded above. Needless to state that this order does not prevent the Education Officer from taking such action as is permissible in law including moving against the Petitioner No. 1/Management for contempt of this order and direction. If the appointment is not made of the Special Backward Category candidate as undertaken, the Education Officer can proceed against, not only the Management, but also the teacher whose services have been approved, but that will be in accordance with law. A fresh order can be passed in that event only after hearing all concerned parties. All contentions in that behalf are kept open. Needless to further state that in case the Special Backward Category candidate is not appointed in April, 2012, no salary grant will be admissible to the appointment of the Petitioner No.2 and thereafter, the burden of her salary will be exclusively on the Management and the Management shall pay the same without seeking any reimbursement from the Government. The approval granted to the appointment of the Petitioner No.2 on 07.10.2010 stands restored in the above terms. 5 The Writ Petition is, accordingly, disposed of. No costs. (S.C. Dharmadhikari, J)