Sadhana Shikshan Prasarak Mandal Through Its President, Pandurang S/O Sakharamji Raut And Others v. The Deputy Director (Education), Amravati Division And 3 Others

0805wp2734.15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

Writ Petition No. 2734 of 2015 Sadhana Shikshan Prasarak Manal, Rul (Wai) & ors. v.

The Dy. Director (Edn.) Amravati & ors.

------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------ Mr. P.P. Deshmukh Advocate for Petitioners. ....

Coram : B.P. Dharmadhikari & S.B. Shukre, JJ.

Date : 08th May, 2015.

Heard learned counsel for petitioners and learned AGP for respondent no. 1.

We find that the dispute inter-se amongst groups of management cannot be a reason to challenge the appointments being made in the school. Assistant Teachers/Shikshan Sevaks are required to teach students and petitioners have not shown any steps taken by them to fill in the vacancies. In fact, earlier W.P. No. 4370 of 2014 was filed by them challenging the similar exercise. On 13.8.2014 this Court also granted interim relief. This writ

0805wp2734.15 petition was later on withdrawn as respondent no. 4 against whom allegations were made had expired.

In this situation, it is apparent that since 2014 at least there are vacancies. The vacancies need to be filled in. Learned AGP invites attention to the order dated 7.4.2015 in W.P. No. 4370/14 to show that the writ petition was withdrawn only after seeking direction to the Assistant Charity Commissioner to expedite the disposal of Change Reports.

As we find that vacancies exist and teachers are needed, we are not inclined to interfere in the matter at this stage. If there are any illegalities or irregularities in the recruitment, same can be looked into by the Education Department while processing the proposal received by it for grant of approval. With these directions, we dispose of writ petition. No costs.

Judge Judge /TA/