Sahyadri Bahujan Vidya Prasarak Samaj Through Its Registrar v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.13692 OF 2017 Sahyadri Bahujan Vidya Prasarak Samaj, Sangamner Petitioner

Versus

The State of Maharashtra & others Respondents Mr.Shivaji T. Shelke, advocate for the petitioner. Mr.S.B.Joshi, A.G.P. for Respondents No.1, 2 and 4. CORAM : R.M.BORDE & SMT. VIBHA KANKANWADI, JJ.

DATE : 21st November, 2017 PER COURT:

Not on board. Taken on board.

Petitioner-Institution has approached this Court for issuance of directions to the respondents to consider the application tendered by the petitioner-Institution to the Education Officer (Secondary) to permit the Institution to fill in the vacant posts of teachers; or in the alternative to refer surplus teachers to the petitioner-Institution.

It would be a statutory obligation of the petitionerInstitution to fill in the vacancies of teachers forthwith on occurrence of such vacancies. It is also not a matter of dispute that the petitioner-Institution has already approached the Education Officer seeking permission to fill in the vacancies, however, no decision has been taken by the Education Officer. The petitioner-Institution is even willing to accept surplus teachers, if

{2} wp1369217 any, those would be referred by the Education Officer. In the circumstances, reasonable request made by the petitioner-Institution, in the instant petition, deserves to be accepted. Respondents are directed to consider the application tendered by the petitioner seeking permission to fill in the vacancies of teachers, aided or unaided, occurred in the school, as expeditiously as possible and preferably within a period of four weeks from today. In the event of failure of the respondents to accord permission to fill in the vacancies, appropriate steps shall be taken for referring surplus teachers for being accommodated to teach relevant subjects, within the period, as stipulated above. With the directions as above, writ petition stands disposed of.

SMT.VIBHA KANKANWADI R.M.BORDE JUDGE JUDGE adb/wp1369217