Mangesh Pratap Pawara And Another v. The State Of Maharashtra And Others

1 184-WP-8749-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8749 OF 2019 Mangesh Pratap Pawara and Ors.

...Petitioners

Versus

The State of Maharashtra and Ors.

...Respondents

Mr Prasad Dikle, Advocate holding for Mr S.R. Sapkal, Advocate for Petitioners Mrs M.A. Deshpande, Addl. G.P. for Respondent-State Mr S.U. Chaudhari, Advocate holding for Mrs V.S. chaudhari, Advocate for Respondent No. 3 and 6 CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 17th FEBRUARY, 2020 PER COURT :

1.

After hearing Mrs Chaudhari, learned counsel for Respondent Nos. 3, 6 and 7 and learned Additional Government Pleader, the undisputed facts are as under :

The petitioner was appointed as Swyamsevak. He has passed XII standard examination. The petitioner was working under scheme namely "Sarva Shiksha Abhiyan" right since the year 2001. In or about 2007, All Vasti Shalas were transferred in "Sarva Shiksha Abhiyan". As per Government Resolution dated 05.02.2009 those who were working under the scheme "Sarva Shiksha Abhiyan" are to be appointed as para teachers. The

2 184-WP-8749-2019 petitioner was working in the schools which were under the scheme of 'Special Action Plan'. Those schools were directed to be closed down from 31.10.2010. It is also admitted that petitioner was working up to 31.3.2010.

2.

According to the petitioner, the Joint Director (Administration) of Maharashtra Prathmik Shikshan Parishad has directed Education Ofcer (Primary), Zilla Parishad, Nandurbar to appoint such Swyamsevak who was working in the closed vasti Shalas as para teacher, more particularly, in conformity with the Government Resolutions dated 31.07.2009 and 27.09.2011. the petitioner in a way is seeking implementation of the said directions.

3.

Considering the aforesaid undisputed facts, there should not be any impediment for the Respondent-authorities to implement the said orders which are to be implemented in tune with the Government Resolutions dated 31.07.2009 and 27.09.2011. Mrs. Chaudhari, learned Counsel for the Education Ofcer states that at present posts are not vacant for Schedule Tribe candidates and that directions of the Government are required. In fact, the directions are already issued by the Joint Director (Administration) of the Maharashtra Prathamik Shikshan Parishad. The said directions are also to the efect that the appointment of such persons are to be made as para teachers in conformity and in tune with the

3 184-WP-8749-2019 Government Resolution as referred to in said Resolution. It is for the authorities to implement in its true letters and spirit. 4.

Considering the above, we pass the following order: a) The Respondents shall implement the directions dated 09.04.2013 issued by the Joint Director (Administration), Maharashtra Prathmik Shikshan Parishad in its true letters and spirit expeditiously, preferably within six (06) months. b) The writ petition is disposed of. No costs.

[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta