Sanjiwani Tatyaba Dhavad And Others v. The State Of Maharashtra And Others

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7948 OF 2013 01 Miss Sanjiwani Tatyaba Dhavad, age: 43 years, Occ: Headmistress, 02 Smt. Savita Shankar Gawade, age: 30 years, Occ: Asstt. Teacher, 03 Kailas s/o Ashok Waghmare, age: 32 years, Occ: Asstt. Teacher, 04 Smt.Mumtaz Sunnilal Pathan, age: 32 years, Occ: Asstt. Teacher;

05 Sachin Vasant Girhe, age: 28 years, Occ: Asstt. Teacher;

06 Sandip Mohan Dhavad, age: 30 years, Occ: Clerk, 07 Satish Adinath Kardile, age: 29 years, Occ: Peon, 08 Sandip Dattu Thorat, age: 29 years, Occ: Peon Petitioners

Versus

01 The State of Maharashtra, through the Principal Secretary to Secondary School Education Department, Mantralaya, Mumbai-32.

02 The Deputy Director of Education, Pune Division, Pune.

03 The Education Officer (Secondary), Zilla Parishad, Ahmednagar.

04 Maharashtra Gramin Vikas Mandal, A/p Pimprilauki, Azampur,

{2} Tq. Sangamner, District Ahmednagar, through its President and/or Secretary.

05 Shri Sant Dnyaneshwar Gramin Vikas Pratisthan, A/p Manikdaundi, Tq. Pathardi, District Ahmednagar, through its President and/or Secretary.

06 Shri Gurudeo Datta Madhyamik Vidyalaya, A/p Manikdoundi, Tq. Pathardi, District Ahmednagar, through its Headmaster.

Respondents Mr.S.T.Shelke, advocate for petitioners.

Mrs.A.V.Gondhalekar, AGP with Mr.V.M.Kagane, AGP for Respondents No.1 to 3.

Mr.V.D.Hon, Senior Counsel i/by Mr.A.V.Hon, advocate for Respondent No.4.

Mr.A.G.Ambetkar, advocate for Respondent No.5. Mr.P.R.Nangare, advocate for Respondent No.6. CORAM : R.M.BORDE & P.R.BORA, JJ.

Reserved on : 20th June, 2016 Pronounced on: 22nd June, 2016.

ORDER (Per R.M.Borde, J.):

Petitioners, who are employees of the school operated by Respondent No.6 - Management, are seeking to quash the communication issued by Respondent No.3 on 20.05.2013 and are praying for issuance of directions to Respondents No.1 to 3 for release of grant-in-aid in favour of Respondent No.6 school operated by Respondent No.4 management, as per the online

{3} evaluation report of Respondent No.6 school either by taking over the management or by appointing Administrator till dispute between Respondents No.4 and 5 is resolved.

We have considered grievance in respect of transfer of school while dealing with Writ Petition No.9132 of 2013 and the order issued by the State Government directing transfer of school has been quashed and set aside.

In the circumstances, it would be open for the petitioners to tender an appropriate representation to the Respondent authorities for consideration of their grievance. The Respondents shall take into consideration grievance of petitioners and may issue necessary directions in accordance with provisions of law.

In the event of occurrence of fresh cause, it would be open for the petitioners to approach this Court. In view of above, writ petition is disposed of. P.R.BORA R.M.BORDE JUDGE JUDGE adb/WP794813