Sane Guruji Shikshan Sanstha, Osmanabad v. The State Of Maharashtra And Others

1 wp 9905.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9905 OF 2014 Sane Guruji Shikshan Sanstha, Osmanabad .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri A. N. Nagargoje, Advocate for the Petitioner. Shri K. G. Patil, Addl.G.P. for Respondent Nos. 1 to 4. CORAM : S. V. GANGAPURWALA AND V. L ACHLIYA, JJ.

DATE : 10TH MARCH, 2015.

PER COURT :

.

Mr. Nagargoje, the learned counsel submits that, the staff of the petitioner has been reduced by the impugned order on the basis of Government Resolution dated 23rd October, 2013. The learned counsel submits that, the same is not in consonance with the provisions of the Secondary School Code.

2.

Mr. Patil, the learned Additional Government Pleader submits that, in view of the Government Resolution dated 23rd October, 2013, the order is rightly passed.

3.

We have considered the submissions canvassed by the

2 wp 9905.14 learned counsel for respective parties.

4.

The Government Resolution dated 23rd October, 2013 does not hold the field in view of the Government Resolution dated 12th, February, 2015.

5.

In the light of the above, the impugned order cannot be sustained and is set aside.

6.

The respondent No. 4/Education Officer shall consider the provisions of the Secondary School Code and the existing policy and the Government Resolution determining the staffing pattern and decide about the strength of the staff of the petitioner afresh. The writ petition accordingly is disposed of. No costs. [ V. L ACHLIYA, J. ] [ S. V. GANGAPURWALA, J. ] bsb/March 15