Laxman Adhar More And Others v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 27 WRIT PETITION NO. 10014 OF 2017 LAXMAN ADHAR MORE AND OTHERS ..PETITIONERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Ms. Surekha P. Mahajan, Advocate for the Petitioners.

Mr. A. V. Deshmukh, AGP for Respondents-State. Mr. Amol S. Sawant, Advocate for Respondent Nos.4 and 5.

...

CORAM : S. V. GANGAPURWALA & SUNIL K. KOTWAL, JJ.

DATED : 01st AUGUST, 2018.

PER COURT:- 1.

The proposal for approval to the appointment of the petitioners as Assistant Teacher are not being denied, however their appointment as Shikshan Sevak is approved.

2.

The major grievance appears to be that the vacancies exist in Open Category and the Petitioners belong to Reserved Category. There are two posts of S.T. Category.

3.

Ms. Mahajan, learned counsel, on instructions of respondent nos.1 and 4, who are present in the Court submits that petitioner nos.1 and 4 be considered from Open Category and

(2) petitioner no.2 from O.B.C. and petitioner no.3 from NT-C Category.

4.

It is not disputed that the posts are available. The petitioner nos.1 and 4 have agreed to be considered from Open Category and that they would not claim any benefit of reserved category either in promotion or in any other aspects during their service with respondent-institution.

5.

Considering the above, the respondentEducation Officer shall consider the proposal seeking approval to the appointment of the petitioners as an Assistant Teacher. The Education Officer shall consider petitioner nos.1 and 4 from Open Category and petitioner nos.2 and 3 from O.B.C. and N.T.(C) Category.

6.

Mr. Sawant, learned counsel for the Management submits that the institution undertakes to fill in the backlog of S.C. Posts.

7.

The Education Officer shall take decision upon proposal accordingly, by considering the petitioner nos.1 and 4 from Open Category and petitioner nos.2 and 3 from their respective reserved category and shall take decision within

(03) three months.

8.

Simultaneously, the Management would submit the salary bills of the petitioners, which

(3) the Education Officer will decide alongwith the proposal.

9.

Writ Petition is disposed of. No costs.

(SUNIL K. KOTWAL) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/August-18