1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH WRIT PETITION NO.6352 OF 2005 Smt. Rukumani Narsingrao Phulari - - Petitioner versus The State of Maharashtra and others. - - Respondents Mrs. C. E. Gaikwad, Advocate for petitioner. Shri V. B. Ghatge, Asstt. Govt. Pleader for Respondents Nos.1 to 3. Shri A. V. Patil, Advocate holding for Shri V. P. Gunale, Advocate for Respondents Nos. 4 and 5. CORAM : NARESH H. PATIL & N. D. DESHPANDE, JJ. Dated : 15th July 2009 ORAL ORDER [ Per NARESH H. PATIL, J. ] 1. The petitioner was initially appointed by Order dated 15-7-1998 for a temporary period i.e. from 15-7-1998 to 13-4-1999 to teach in Junior College classes (M.C.V.C.). It is contended that petitioner was thereafter appointed directly by an Order dated 12-6-1999 2 in the pay scale of Rs.6500-10500/- w.e. from 13-6-2000, for academic years 2000-2001 and 2001-2002. The appointment was subject to approval of the Deputy Director of District Vocational Education and Training, Regional Office, Aurangabad. Further order of appointment is dated 5-6-2000. The petitioner has filed this petition with prayers C, D and E, which are reproduced below :- C. To appoint the petitioner as full time lecturer in Marathi subject in Shivaji Junior College, Aurangabad. D. To pay the salary as per appointment order issued by the Respondent No.04 and No. 05 to the petitioner from 1998 till 2004. E. To issue the appropriate writ or directions to the Respondent No.1 to 3 to sanction the post of full time lecturer of Marathi subject in M.C.V.C. 10+2 vocational course at Shri Shivaji Junior College, 3 Aurangabad. Affidavit in reply is filed by the Respondents Nos.2 and 3. Paragraphs Nos.8 and 9 of the same are reproduced below : 8. In respect of paragraph No. 16 to 19 of the Writ Petition I say and submit that these Respondents submit that it is correct that the Respondent No.5 has made proposal for sanction of full time teacher for the purpose of teaching subject of language. I say and submit that, the Government of Maharashtra, Higher and Technical Education and Employment Department has issued Government Resolution dated 3/2/1997 prescribing the norms for sanction of post of teacher for the subject of languages in Minimum Competency based Vocational Courses pursuant to which if the concerned institution is running six or more 4 divisions on grant in aid basis in the subject of the vocational courses, one post of full time teacher in the subject of language is admissible to be sanctioned. 9. I say and submit that to the Respondent No.5 school, the Government has sanctioned only 3 divisions on grant in aid basis and rest of the 3 divisions are being run by the Respondent on permanently non grant in aid basis, therefore, no post of full time Lecturer for the subject of language can be sanctioned by the Government nor the grant-in- aid can be provided for such of the full time teachers post by the Government and or by this Respondents. Therefore, prayer Clause-E made by the Petitioner for sanction of the post of full time Lecturer in Marathi subject in 5 M.C.V.C. 10+2 vocational courses by Respondent No.5 Shivaji Junior College, Aurangabad, is also not sustainable. In fact, the Petitioner has no locus standi to make such of the prayer. Copy of the Government Resolution dated 3/2/1997 is already annexed by the Petitioner at Exhibit- Q. 2. In the light of the reply filed, the prayers of petitioner cannot be considered and granted by the writ Court. Considering the manner and method in which the petitioner was appointed and the stand adopted by the Respondents Nos.2 and 3 regarding the sanctioned post, the directions as sought by the petitioner to the respondent - management are not sustainable. There is no merit in the petition. Petition is, therefore, dismissed. ( N.D.DESHPANDE, J.) ( NARESH H. PATIL, J. ) 6 pnk/wp635205