Urling Peddi Shikshan Sanstha Bahaddarpura v. The State Of Maharashtra

2024:BHC-AUG:1638-DB 1 924.CP-631-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONT. PETITION NO. 631 OF 2023 IN WP/8184/2018 URLING PEDDI SHIKSHAN SANSTHA BAHADDARPURA

VERSUS

THE STATE OF MAHARASHTRA AND CONT. PETITION NO. 40 OF 2020 IN WP/8184/2018 MADHAV GOVINDRAO MUDGULE VS.

VERSUS

MANISHA VERMA IAS PRINCIPAL SECRETARY AND OTHERS ...

None for the Petitioners Addl.GP for Respondent/State : Mr. M.M. Nerlikar ...

CORAM : MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 24 JANUARY 2024 PER COURT :

.

None present for the petitioners in both these matters which arise out of the same order passed in Writ Petition No.8185/2018 dated 14.01.2019.

2.

This was a petition filed by the teachers of the Ashram Schools seeking absorption. The writ petition was disposed of with following directions :

"4. The learned Assistant Government Pleader submits that, there are certain vacancies available. The petitioners can be repatriated

2 924.CP-631-2023.doc to their parent institution that is the respondent no.5, as the petitioners have given undertaking at the relevant time. 5.

If the de-recognition of the respondent No.5 would have been on account of lapses on the part of petitioners, then they were not entitled for absorption by the authorities in other Government schools on temporary basis. It is not for the respondent no.5 to suggest as to who should be absorbed. There is no finding of the authority that it was on account of the acts of commissions and omissions on the part of petitioners, the respondent No.5 was derecognized. 6.

The respondent authorities shall absorb the petitioners on the vacant posts in aided institutions or in Government schools as per the availability of the vacancies. The said process shall be completed within a period of three (03) months from today. The writ petition is disposed of. No costs."

3.

The learned AGP tenders across the bar an affidavit-in-reply in Contempt Petition No. 631/2023. He points out that already all the petitioners have been absorbed pursuant to the letter dated 28.08.2023 at exhibit-R2 in different Ashram Schools.

4.

In the light of above, nothing survives in the petitions. The petitions are disposed of.

[ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.] Najeeb