Jnana Prabodhini And ANR v. State Of Maharashtra ( Notice To Be Served Upon Assistant G. P. ) And ORS.

34.wp.13525.2017.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13525 OF 2017 Jnana Prabodhini & Anr.

...Petitioners

vs State of Maharashtra & Ors.

...Respondents

.....

Mr V.K.Bodhare i/b A.M.Joshi for the Petitioners Mr C.P.Yadav, AGP for the Respondents.

.....

CORAM : B.R.GAVAI & B.P.COLABAWALLA, JJ.

DECEMBER 11, 2017.

P.C. :

The Petitioner has approached this Court with a grievance that though out of eight sanctioned posts, the Petitioner Management has appointed five persons by way of absorption, who were declared surplus in other schools, by the impugned order three more teachers have been again sent for absorption. It is contended by the learned advocate for the Petitioner that the Respondent State cannot compel the Petitioner to fill all the posts by absorption. Pg 1 of 2

34.wp.13525.2017.doc Undoubtedly, the Petitioner is receiving grant-in-aid from the State Government. It is for the State Government to decide that the teachers who are declared surplus in other schools would be first absorbed in the schools which are receiving grant-in-aid. Such a policy cannot be said to be unreasonable. This policy has been formulated with an intention of not putting undue burden on the public exchequer. We find no merit in this Writ Petition and the same is dismissed with no order as to costs.

( B. P. COLABAWALLA, J. ) ( B.R.GAVAI, J.) Pg 2 of 2