Mohammadi Education And Welfare Society Through Its Chairman Shaikh Saleem Shaikh Amir And Another v. The State Of Maharashtra And Others

1 36-WP-5453-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5453 OF 2018 Mohammadi Education and Welfare Society Through its Chairman Shaikh Salim Shaikh

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

Mrs. A.N. Ansari, Advocate for Petitioner Mr. K.B. Jadhavar, Assistant Government Pleader for Respondent Nos. 1 and 2 CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 18th FEBRUARY, 2019 ORAL ORDER:

1.

We have heard Mrs. Ansari, the learned Counsel for the petitioner and Mr. K.B. Jadhavar, the learned Assistant Government Pleader.

2.

It is submitted that proposal of the petitioner for Second Division of 7th Std. is rejected on the ground that, now the policy to grant additional Division does not exist.

3.

The policy of the Government now is to grant post in tune with the strength of the students.

4.

It is the contention of the petitioner that the strength of the students has been increased and so they are entitled for additional division.

2 36-WP-5453-2018 5.

The petitioner may give a proposal to the respondent for grant of additional division in consonance with the strength of the students. The Education Officer within a period of six weeks from the date of receipt of the proposal shall forward the same to the respondent No. 2 - Director of Education. The Director of Education shall thereafter take decision upon the sanction of the additional posts as claimed by the petitioner expeditiously, and preferably within a period of three months from the date of receipt of the proposal. The Director of Education shall thereafter forward it to the Government within a period of three months from the date of receipt of the said proposal to him. The State Government, thereafter, shall take decision upon it within a period of three months. The respondent Authorities shall consider the Government Resolution dated 28th August, 2015.

6.

It is submitted that the Director of Education (Primary), Mr. Sunil Ratansingh Chauhan is present in the Court. 7.

The writ petition is disposed of. No costs.

[ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE mta