Bombay High CourtWP/5245/2018disposed off

Shikshan Prasarak Mandal, Wadegaon Thr. Its President And Others v. Deputy Director Of Education, Amravati And Another

2023-03-13Hon'Ble Shri Justice Rohit Baban Deo,Hon'Ble Mrs. Justice Vrushali V. Joshi54 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Writ Peti tion No.

of 201

(1) Shikshan Prasarak Mandal, Wadegaon, Tah. Balapur, District Akola, through its President

(2) Head Master, Shri Jageshwar Vidyalaya and Junior College, Wadegaon, Tah.

Balapur, District Akola

(3) Pranav Santoshrao Mankar, aged about 25 years Occ. Service, R/o. Wadegaon, Tah. Balapur, District Akola ... Petitioners ... Versus ...

(1) Deputy Director of Education, Amravati Division, Amravati.

(2) Education Officer (Secondary), Zilla Parishad, Akola.

... Respondents - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - with Writ Peti tion No.

of 201

(1) Shikshan Prasarak Mandal, Wadegaon, Tah. Balapur, District Akola, through its President

(2) Head Master, Shri Jageshwar Vidyalaya and Junior College, Wadegaon, Tah. Balapur, District Akola

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(3) Priya Sahadeo Kale, aged about 30 years Occ. Service, R/o. Akola ... Petitioners ... Versus ...

(1) Deputy Director of Education, Amravati Division, Amravati.

(2) Education Officer (Secondary), Zilla Parishad, Akola.

of 201

(1) Gramin Shikshan Prasarak Mandal, Saoli (Sadoba) through its Secretary, Bhupendra Deorao Shinde, aged 65 yrs, at post Saoli (Sadoba), Tal. Arni, Dist. Yeotmal.

(2) Deorao Patil Shinde Arts, Commerce and Science Junior College, Arni, through its Principal Umashankar Shivanand Sawalkar, aged 41 yrs., Mahur-By-pass, Arni, Tal. Arni, Dist. Yeotmal.

(3) Vasantrao Naik Vidyalaya and Junior College Saoli (Sadoba) through its Head Master Narnendra Namdeorao Raut, aged 53 yrs., At Post Saoli (Sadoba), Tal. Arni, Dist. Yeotmal.

(4) Ku. Priti Ganesh Mundhe, aged 30 years Occu.-Service, r/o Subhash Nagar, Tal. Arni, Dist. Yeotmal.

(5) Amar Bhupendra Shinde, aged 36 yrs., Occu.-Service, r/o At post Saoli (Sadoba), Tal. Arni, Dist. Yeotmal.

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(6) Ku. Deepti Bhupendra Shende, aged 31 yrs., Occu.-Service, r/o At post Saoli (Sadoba), Tal. Arni, Dist. Yeotmal.

... Petitioners ... Versus ...

(1) State of Maharashtra through its Secretary, Department of School Education and Sports, Mantralaya, Mumbai - 32.

(2) The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune-1.

(3) The Deputy Director of Education, Amravati Division, Tope Nagar, Amravati.

(4) The Education Officer (Sec.), Zilla Parishad, Yeotmal.

of 201

(1) Chanda Shikshan Prasarak Mandal, Chandrapur, through its Secretary, Ashok Shrihari Jiwtode, aged 58 yrs, office at Civil Lines, Chandrapur.

(2) Janta Junior College, Ghuggus, through its Principal Vijay Raghunath Helwate, aged 56 yrs., Ghuggus, Tal. Chandrapur, Dist. Chandrapur.

(3) Pradeep Vitthalrao Wasade, aged 36 yrs., Occu. Service, r/o Ward No. 1, Deshpande Wadi, Rajura, Tal. Rajura, Dist. Chandrapur.

... Petitioners ... Versus ...

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(1) State of Maharashtra through its Secretary, Department of School Education and Sports, Mantralaya, Mumbai - 32.

(2) The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune-1.

(3) The Deputy Director of Education, Nagpur Division, Balbharati, Opp. Dhantoli Park, Dhantoli, Nagpur.

of 201

(1) Chanda Shikshan Prasarak Mandal, Chandrapur, through its Secretary, Ashok Shrihari Jiwtode, aged 58 yrs, office at Civil Lines, Chandrapur.

(2) Janta Junior College, Chandrapur, through its Principal Dr. M. Subhash, aged 55 yrs., Civil Lines, Chandrapur.

(3) Dnyandeo Pandurang Yerkade, aged 33 yrs., Occu.- Service, r/o at Kansa, Post Jena, Tal, Bhadravati, Dist. Chandrapur.

(4) Amitkumar Devidas Ramteke, aged 31 yrs., Occ.-Service, r/o At post Ghodpeth, Tal, Bhadravati, Dist. Chandrapur.

... Petitioners ... Versus ...

(1) State of Maharashtra through its Secretary, Department of School Education and Sports, Mantralaya, Mumbai - 32.

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(2) The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune-1.

(3) The Deputy Director of Education, Nagpur Division, Balbharati, Opp. Dhantoli Park, Dhantoli, Nagpur.

of 201

(1) Chanda Shikshan Prasarak Mandal, Chandrapur, through its Secretary, Ashok Shrihari Jiwtode, aged 58 yrs, office at Civil Lines, Chandrapur.

(2) Janta Junior College, Gondpipri through its Principal Mrs. Anita Lalit Ramteke, aged 57 yrs., Gondpipri Tal.-Gondpipri, Dist. Chandrapur.

(3) Krantiraj Vasantrao Wasekar, aged 36 yrs., occu.- Service, r/o Ramnagar, Near Wasekar Petrol Pump, Chandrapur.

(4) Prashant Eknath Narnaure, aged 34 yrs., Occu.-Service, r/o At Kudsaoli, Post Tohgaon, Tal. Gondpipri, Dist. Chandrapur.

... Petitioners ... Versus ...

(1) State of Maharashtra through its Secretary, Department of School Education and Sports, Mantralaya, Mumbai - 32.

(2) The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune-1.

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(3) The Deputy Director of Education, Nagpur Division, Balbharati, Opp. Dhantoli Park, Dhantoli, Nagpur.

of 201

(1) Lokmanya Shikshan Prasarak Mandal, Kosra-Kondha through its President Harihar Ramchandra Kurzekar, aged 57 yrs, office at Jagruti Vidyalaya and Junior College, Kosra-Kondha, Tal. Paoni, Dist. Bhandara.

(2) Jagruti Vidyalaya and Junior College, Kosra-Kondha, through its Principal Shankar Mahadeo Gayki, aged 52 yrs., Kosra-Kondha, Tal. Paoni, Dist. Bhandara.

(3) Bipin Harihar Kurzekar, aged 29 yrs., Occu.- service, r/o Ward No. 1, Kosra-Kondha, Tal. Paoni, Dist. Bhandara.

... Petitioners ... Versus ...

(1) State of Maharashtra through its Secretary, Department of School Education and Sports, Mantralaya, Mumbai - 32.

(2) The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune-1.

(3) The Deputy Director of Education, Nagpur Division, Balbharati, Opp. Dhantoli Park, Dhantoli, Nagpur.

... Respondents - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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of 201

(1) Shri Saraswati Education Society, Akola through its Secretary Sachin Keshav Joshi, aged 52 yrs., office at Tirupati Tantra Niketan Campus, Keshav Nagar, Akola.

(2) Late Sou. Vijayatai Deshmukh Arts and and Commerce Junior College, Alegaon through in-charge Principal Gajanaj Dattatray Mawal, aged 52 yrs., Alegaon, Tal. Patur, Dist. Akola.

(3) Shri Saraswati Vidyalaya, Patkhed through its in-charge Head Master, Anil Jaikrishna Deshpande, aged 57 yrs., Patkhed, Tal Barshitakli, Dist. Akola.

(4) Ku. Sushama Sukhadeo Zine, aged 34 yrs., Occu.-Service, r/o Rajhans Apartments, Mohite Plot, Akola.

(5) Prafulla Bhaurao Ghaiwat, aged 34 yrs., Occu.-service, r/o At Jamb, Post Chondhi, Tah.- Patur, Dist. Akola.

(6) Ku. Poonam Mangal Paranjape, aged 28 yrs., Occu.-Service, r/o Kunda Niwas, Mate Nagar, Near Sharda Gas Godown, Dabki Road, Akola.

... Petitioners ... Versus ...

(1) State of Maharashtra through its Secretary, Department of School Education and Sports, Mantralaya, Mumbai - 32.

(2) The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune-1.

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(3) The Deputy Director of Education, Amravati Division, Tope Nagar, Amravati.

(4) The Education Officer (Sec.), Zilla Parishad, Akola.

of 201

(1) Education Society, Yeotmal through its President Diwakar Balwant Pande, aged 78 years, having its office at Loknayak Bapuji Aney Mahila Mahavidyalaya, Awdhootwadi, Yeotmal, Dist. Yeotmal.

(2) Loknayak Bapuji Aney Mahila Mahavidyalaya, Yeotmal through its Principal Dr. Durgesh Bhaskarrao Kunte, aged 51 years, Awdhootwadi, Yeotmal, Dist. Yeotmal.

(3) Kamlesh Vinod Deshpande, aged 27 years, Occu. Service, R/o. 27, Datta Niwas, Shire Layout, Yeotmal, Dist. Yeotmal.

(4) Narayan Vitthalrao Waghmare, aged 31 years, Occu. Service, R/o. At Post Shelgaon (Gouri), Tal. Naygaon, Dist. Nanded.

(5) Ku. Vaishali Khushalrao Meshram, aged 30 years, Occu. Service, r/o 136, Jamumkar Nagar, Yeotmal, Dist. Yeotmal.

(6) Ku. Sapana Ganeshrao Dadhe, aged 30 years, Occu. Service, R/o Near Umarai, Swapnil Nagar, Wadgaon Road, Yeotmal, Dist. Yeotmal.

... Petitioners

9 jg.wp 5245.18+27 wps.odt ... Versus ...

(1) State of Maharashtra through its Secretary, Department of School Education and Sports, Mantralaya, Mumbai - 32.

(2) The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune-1.

(3) The Deputy Director of Education, Amravati Division, Tope Nagar, Amravati.

of 201

(1) Education Society, Yeotmal through its President Diwakar Balwant Pande, aged 78 years, office at Loknayak Bapuji Aney Mahavidyalaya, Awadhootwadi, Yeotmal, Dist. Yeotmal.

(2) Loknayak Bapuji Aney Mahavidyalaya, Yeotmal through its Head Master Bhimrao Kachruji Gaikwad, aged 57 yrs., Veer Wamanrao Chowk, Yeotmal, Dist. Yeotmal.

(3) Satish Ratnakar Saraf, aged 41 years, Occu.-service, r/o Prerna Nagar, Old Umarsara, Yeotmal, Dist. Yeotmal,

(4) Ku. Vaishnavi Vasant Pande, aged 34 yrs, Occu.-service, r/o. Plot No. 4, Kale Layout, Yetomal, Dist. Yeotmal.

(5) Sumit Sanjay Atkulwar, aged 27 yrs, Occu.-service, r/o Near Saroj Talkies, Mahalaxmi Kirana, Yeotmal, Dist. Yeotmal.

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(6) Ku. Rekha Anandrao Gaikwad, aged 41 yrs, occu.-service, r/o Rajiv Nagar, Plot No. 163, Yeotmal, Dist. Yeotmal.

... Petitioners ... Versus ...

(1) State of Maharashtra through its Secretary, Department of School Education and Sports, Mantralaya, Mumbai - 32.

(2) The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune-1.

(3) The Deputy Director of Education, Amravati Division, Tope Nagar, Amravati.

(4) The Education Officer (Secondary), Zilla Parishad, Yeotmal.

of 201

(1) Gramin Vikas Sanstha, Nagpur though its Secretary, Ranjana Ashok Pawar, aged 62 Years, Office at Annasaheb Gundewar College Premises, Katol Road, Nagpur.

(2) Tidke Junior College, Nagpur though its Principal, Rajendra Vithobaji Wasu, aged 57 Years, Katol Road, Nagpur.

(3) Shubhangi Bhagwan Maske, (Mrs. Shubhangi Ajay Kumbhare), aged 33 years, Occu.: Service, R/o : Kukde Layout, Opposite Manvata High School, Nagpur.

... Petitioners ... Versus ...

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(1) State of Maharashtra through its Secretary, Department of School Education and Sports, Mantralaya, Mumbai - 32.

(2) The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune-1.

(3) The Deputy Director of Education, Nagpur Division, Balbharati, Opp. Dhantoli Park, Dhantoli, Nagpur.

of 201

(1) Gramin Vikas Sanstha, Nagpur though its Secretary, Ranjana Ashok Pawar, aged 62 Years, Office at Annasaheb Gundewar College Premises, Katol Road, Nagpur.

(2) Kasturba Junior College, Karanja (Ghadge), through its Principal Madhukar Gulabrao Raut, aged 56 yrs., Karanja (Ghadge), Tal. Karanja (Ghadge), Dist. Wardha.

(3) Pralhad Shrikrishna Tekade, aged 39 yrs., Occu.-Service, r/o at Parsoda, Post Kharla, Tal. Chandurbazar, Dist. Amravati.

(4) Nitin Nagorao Dewase, aged 33 yrs., occu.-service, r/o Ward No. 3, Karanja (Ghadge), Tal. Karanja (Ghadge), Dist. Wardha.

... Petitioners ... Versus ...

(1) State of Maharashtra through its Secretary, Department of School Education and Sports, Mantralaya, Mumbai - 32.

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(2) The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune-1.

(3) The Deputy Director of Education, Nagpur Division, Balbharati, Opp. Dhantoli Park, Dhantoli, Nagpur.

... Respondents - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - with Writ Petition No. 1318 of 2019

(1) Rashtriya Shikshan Prasarak Mandal, Pusad, through its Secretary Sanjay Laxmanrao Yedatkar, aged 51 yrs., office at Rest House Chowk, Pusad, Dist. Yeotmal.

(2) Rashtriya Vidyalaya Adgaon through its Head Master Santosh Dattatraya Kiwale, aged 41 yrs, at post Adgaon, Tal. Pusad, Dist. Yeotmal

(3) Odali Rajaiyya Mukera, aged 33 yrs., occu. Service, r/o. Telgu Colony, Pusad, Dist. Yeotmal

(4) Balaji Sahebrao Gaikwad, aged 31 yrs, Occu. Service, r/o at post Khadala, Tal. Pusad, Dist. Yeotmal.

... Petitioners ... Versus ...

(1) State of Maharashtra through its Secretary, Department of School Education and Sports, Mantralaya, Mumbai - 32.

(2) The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune-1.

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(3) The Deputy Director of Education, Amravti Division, Tope Nagar, Amravati

(4) The Education Officer (Sec.), Zilla Parishad, Yeotmal ... Respondents - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - with Writ Petition No. 1320 of 2019

(1) Vidya Prasarak Mandal, Darwha through its President Vasant Vishwasrao Ghaikhedkar, aged 55 yrs, Office at Mungasaji Maharaj Mahavidyalaya, Darwha, Dist. Yeotmal

(2) Mungasaji Maharaj Mahavidyalaya, Darwha through its Principal Dr. Vilas Bapurao Raut, aged 56 yrs, r/o Darwha, Dist. Yeotmal

(3) Rajnikant Pandurang Ghungarrao, aged 29 yrs, Occu-service, r/o At post Hadsant, Tahsil Hadgaon, Dist. Nanded

(4) Dr. Jugal Wasudeo Dhote, aged 41 yrs, Occu. Service, r/o. c/o. Hansraj Chawhan, Mahavir Colony, Darwha, Dist. Yeotmal. ... Petitioners ... Versus ...

(1) State of Maharashtra through its Secretary, Department of School Education and Sports, Mantralaya, Mumbai - 32.

(2) The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune-1.

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(3) The Deputy Director of Education, Amravti Division, Tope Nagar, Amravati ... Respondents - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - with Writ Petition No. 1321 of 2019

(1) Jyoti Shikshan Prasarak Mandal, Akola, through its Secretary, Prashant Uttamrao Janolkar, aged 50 yrs, Office at Kapil Vastu Nagar, Gorakshan Road, Akola

(2) Late Jyoti Janolkar Vidyalaya and Junior College, Akola through its Head Master Puruhottam Shamrao Lande, aged 56 yrs, Kapil Vastu Naar, Gorakshan Road, Akola

(3) Prasenjeet Samadhan Wankhade, aged 32 yrs, Occ. Service, r/o. At post Shirla, Tal. Patur, Dist. Akola

(4) Mukund Anandrao Kawadkar, aged 35 yrs, occu.- Service, r/o. Ward No. 1, Nandkhed, Tal. And Dist. Akola

(5) Sou. Ranjana Ganesh Patond, aged 37 yrs., Occu.-service, r/o Khetan Nagar, Kaulkhed, Akola,.

... Petitioners ... Versus ...

(1) State of Maharashtra through its Secretary, Department of School Education and Sports, Mantralaya, Mumbai - 32.

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(2) The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune-1.

(3) The Deputy Director of Education, Amravti Division, Tope Nagar, Amravati

(4) The Education Officer (Sec.), Zilla Parishad, Akola ... Respondents - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - with Writ Petition No. 1322 of 2019

(1) Pratap Shikshan Mandal, Babhulgaon, through its Secretary, Suhas Harihar Deshmukh, aged 56 yrs., office at Kalamb Road, Babhulgaon, Tal. Babhulgaon, Dist. Yeotmal.

(2) Pratap Vidyalaya and Junior College, Babhulgaon through its Head Master Anand Natthuji Meshram, aged 57 yrs, Kalamb Road, Babhulgaon, Dist. Yeotmal

(3) Ku. Deepali Pandurang Nimkar, aged 30 yrs, Occu. Service, r/o Chatrapati Chowk, Babhulgaon, Tal. Babhulgaon, Dist. Yeotmal.

... Petitioners ... Versus ...

(1) State of Maharashtra through its Secretary, Department of School Education and Sports, Mantralaya, Mumbai - 32.

(2) The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune-1.

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(1) Om Shikshan Sanstha, Yeotmal, through its President Kailash Ramnath Jaiswal, aged 56 years, having its office at Nagpur Road, Kalamb, Dist. Yeotmal

(2) Subhashchandra Bose High School, Wadgaon (Police Station) through its Head Master, Pramod Vasantrao Yamsalwar, aged 52 years, at Post Wadgaon (Police Station) Tal. Yeotmal, Dist. Yeotmal

(3) Ku. Seema Madhukar Bhagat, aged 33 years, Occu. Service, R/o. Ward No. 3, Ambedkar Chowk, Hamadapur, Tal. Seloo, District Wardha.

... Petitioners ... Versus ...

(1) State of Maharashtra through its Secretary, Department of School Education and Sports, Mantralaya, Mumbai - 32.

(2) The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune-1.

(3) The Deputy Director of Education, Amravti Division, Tope Nagar, Amravati.

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(1) Ahilyadevi Smarak Sanstha, Pusad through its Secretary Dilip Laxmanrao Yedatkar, aged 60 yrs, Office at Near Vishram Gruha, Pusad, Dist. Yeotmal.

(2) Vasantrao Naik Krushii Vidyalaya and Junior College, Bittargaon (BK), through its Head Master, Vinayak Balwantrao Sakarkar, aged 56 yrs, At Post Bittargaon (BK), Tal. Umarkhed, Dist. Yeotmal

(3) Ravindra Vishnu Dhakane, aged 32 yrs, Occu.-Service, r/o At Aradao, Post Hirdao, Tal. Lonar, Dist. Buldhana

(4) Ramdas Sheshrao Ghuse, aged 27 yrs, Occu.-service, r/o At Baldi, Post Vidul, Tal. Umarkhed, Dist. Yeotmal.

... Petitioners ... Versus ...

(1) State of Maharashtra through its Secretary, Department of School Education and Sports, Mantralaya, Mumbai - 32.

(2) The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune-1.

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(3) The Deputy Director of Education, Amravti Division, Tope Nagar, Amravati

(1) Dinbai Shikshan Sanstha, Digras through its President Vijaykumar Maniklal Bang, aged 74 yrs., office at Dinbai High School, Digras, Tal. Digras, Dist. Yeotmal

(2) Dinbai Vidyalaya and Narayanrao alias Bhausaheb Varolikar Junior College (Science) Digras through its Head Master, Baban Vitthalrao Butley, aged 56 yrs., Digras, Tal. Digras, Dist. Yeotmal

3) Matoshri Bhimabai Shinde Junior College, Digras, through Head Mistress Jyoti Narayanrao Nichat, aged 50 yrs, Digras, Tal. Digras, Dist. Yeotmal

(4) Dnyaneshwar Bharat Ade, aged 32 yrs., Occu.- service, r/o At Post Mohari, Tal. Mahagaon, Dist. Yeotmal.

(5) Ganesh Krishnarao Bobade, aged 34 yrs., Occu.-service, r/o At Post Tuptakli, Tal. Digras, Dist. Yeotmal ... Petitioners ... Versus ...

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(1) State of Maharashtra through its Secretary, Department of School Education and Sports, Mantralaya, Mumbai - 32.

(2) The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune-1.

of 201

(1) Ner Education Society, Nerparsopant, through its President, Vasantrao Shantaramji Pohekar, aged 64 yrs., office at Main Road, Ner Parsopant, Tal. Ner Parsopant, Dist. Yeotmal.

(2) The New English High School, Ner Parsopant through is Head Master, Uday Shivamji Kantode, aged 57 yrs., Marwadi chowk, Ner Parsopant, Tal. Ner Parsopant, Dist. Yeotmal.

(3) Rajaram Vidyalaya, Malkhed (Bk), through its Head Master Narendra Marotrao Thakre, aged 57 yrs., malkhed (Bk), Tal. Ner Parsopant, Dist. Yeotmal.

(4) Anurag Subhashrao Narwade, aged 30 yrs., Occu.-service, r/o At Dolhari, Post Shendri, Tal. Darwha, Dist. Yeotmal.

(5) Deepti Bharatrao Jumale, aged 36 yrs., Occu.-Service, r/o Shivaji Nagar, Ner Parsopant, Dist. Yeotmal.

... Petitioners

20 jg.wp 5245.18+27 wps.odt ... Versus ...

(1) State of Maharashtra through its Secretary, Department of School Education and Sports, Mantralaya, Mumbai - 32.

(2) The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune-1.

(3) The Deputy Director of Education, Amravati Division, Tope Nagar, Amravati.

(4) The Education Officer (Secondary), Zilla Parishad, Yeotmal.

of 201

(1) Shri Gurudeo Sarvodaya Shikshan Prasarak Mandal, Jawala, through its Secretary Ganeshrao Krushnarao More, aged 61 years, having its office at Shri Gurudeo Vidyamandir, Jawala, Tah. Arni, Dist. Yeotmal.

(2) Shri Gurudeo Vidyamandir and Junior College, Jawala, through its Head Master Vijay Anandrao Kadu, aged 57 years, Jawala, Tah. Arni, Dist. Yeotmal.

(3) Ku. Rupali Kashirao Sarnaik, aged 28 years, Occu. Service, R/o. At Post Jawala, Tah. Arni, Dist. Yeotmal.

(4) Shaikh Abid Shaikh Rafique, aged 34 years, Occu. Service, At Post Jawala, Tah. Arni, Dist. Yeotmal.

(5) Ku. Rakhi Ganesh Gaddamwar, aged 28 years, Occu. Service, At Post Jawala, Tah. Arni, Dist. Yeotmal.

... Petitioners

21 jg.wp 5245.18+27 wps.odt ... Versus ...

(1) State of Maharashtra through its Secretary, Department of School Education and Sports, Mantralaya, Mumbai - 32.

(2) The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune-1.

(3) The Deputy Director of Education, Amravati Division, Tope Nagar, Amravati.

(4) The Education Officer (Sec.), Zilla Parishad, Yeotmal.

of 201

(1) Shri. Datta Prasadik Shikshan Prasarak Mandal, Arni through its President Dr. Sanjay s/o Rajkamalji Bharati, aged 55 years, Office at Dani Nagar, Dhamangaon Road, Yeotmal, Dist. Yeotmal.

(2) Shri. M. D. Bharati Secondary and Higher Secondary School, Arni through its Head Master Ishwar s/o Fulchandji Dugad, aged 54 years, Near Ambedkar Statue, Arni, Tah. Arni, Dist. Yeotmal.

(3) Shri. M. D. Bharati Secondary and Higher Secondary Girl's School, Arni through its Head Master Amol s/o Daulatrao Jagtap, aged 34 years, Near Ambedkar Statue, Arni, Tah. Arni, Dist. Yeotmal.

(4) Shri. M. D. Bharati Vidyalaya, Gandhinagar, Arni through its Head Master Amol s/o Sahadeorao Mangam, aged 39 years, Gandhinagar, Arni, Tah. Arni, Dist. Yeotmal.

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(5) Anupkumar Ramesh Kesharwani, aged 32 yrs., Occu.-Service, r/o Shastri Nagar, Arni Tah. Arni, Dist. Yeotmal.

(6) Ku. Darshana Tryambakrao Hore, aged 29 yrs., Occu.-service, r/o Deulwadi Rehabilitation Colony, Arni, Tah. Arni, Dist. Yeotmal.

(7) Ku. Rupali Vinayakrao Bhagat, aged 30 yrs., Occu.-service, r/o Sahayog Colony, Waghapur, Yeotmal, Dist. Yeotmal.

(8) Sandip Sutradhar Patil, aged 32 yrs., Occu.-service, r/o At Post Ghoti, Tah. Kinwat, Dist. Nanded.

(9) Saurabh Murlidharrao Raut, aged 32 yrs., Occu.-service, r/o Shivaji Nagar, Yeotmal, Dist. Yeotmal.

(10) Ku. Sheetal Uttam Madavi, aged 31 yrs., Occu.-service, r/o Umarshara, Yeotmal, Dist. Yeotmal.

(11) Tushar Devidas Gulhane, aged 30 yrs., Occu.-service, r/o Vidarbha Housing Society Colony, Yeotmal, Dist. Yeotmal.

(12) Manoj Sheshrao Rathod, aged 31 yrs., Occu.-service, r/o Ward No. 2, Darwha, Tah. Darwha, Dist. Yeotmal.

(13) Chandrashekhar Shankarrao Natkar, aged 32 yrs., Occu.-Service, r/o Ward No.5, Santaji Ward, Umarkhed, Tah.

Umarkhed, Dist. Yeotmal.

23 jg.wp 5245.18+27 wps.odt

(14) Swapnil Ashokrao Kolse, aged 30 yrs., Occu.- Service, r/o Ward No. 1, Prabhag No. 1, Digras, Tah. Digras, Dist. Yeotmal.

(15) Umesh Jagdish Mokale, aged 33 yrs., Occu.-Service, r/o Subhash Nagar, Arni, Tah. Arni, Dist. Yeotmal.

(16) Ku. Rajashri Dasharath Jadhav, aged 33 yrs., Occu.-Service, r/o Sambhaji Nagar, Arni, Tah. Arni, Dist. Yeotmal.

(17) Ku. Suvarna Rambhau Rathod, aged 31 yrs., Occu.- Service, r/o Shastri Nagar, Arni, Tah. Arni, Dist. Yeotmal.

(18) Pranil Pramod Koshatwar, aged 32 yrs., Occu.- Service, r/o Shastri Nagar, Arni, Tah.

Arni, Dist. Yeotmal.

(19) Pravin Kisan Kharode, aged 30 yrs., Occu- Service, r/o Ward No. 4, Digras, Tah. Digras, Dist. Yeotmal.

(20) Yogesh Govindrao Ingale, aged 33 yrs., Occu - Service, r/o At Kolwan, Post Arni, Tah. Arni, Dist. Yeotmal.

(21) Vijay Dadarao Chibade, aged 34 yrs., Occu.- Service, r/o Sambhaji Ward, Digras, Tah. Digras, Dist. Yeotmal.

(22) Vinod Bhaiyya Regulwar, aged 31 yrs., Occu.-Service, r/o Sambhaji Ward, Digras, Tah. Digras, Dist. Yeotmal.

... Petitioners ... Versus ...

24 jg.wp 5245.18+27 wps.odt

(1) State of Maharashtra through its Secretary, Department of School Education and Sports, Mantralaya, Mumbai - 32.

(2) The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune-1.

(3) The Deputy Director of Education, Amravati Division, Tope Nagar, Amravati.

(4) The Education Officer (Secondary), Zilla Parishad, Yeotmal.

... Respondents - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - with Writ Peti tion No.

of 201

(1) Appaswami Shikshan Sanstha, Shendurjana (Adhao) through its President Rajendra Namdeoraoji Kale, aged 54 yrs, At Post Shendurjana (Adhao), Tal. Manora, Dist Washim.

(2) Appaswami Junior College Shendurjana (Adhao) through its Principal, Raghnath Vithoba Ukhale, aged 55 ys, At Post Shendurjana (Adhao), Tal. Manora, Dist. Washim

(3) Suhas Mahadeorao Shinde, aged 36 yrs, Occu. Service, r/o. At Post Zadgaon, Tal. Mangrulpir, Dist. Washim. ... Petitioners ... Versus ...

(1) State of Maharashtra through its Secretary, Department of School Education and Sports, Mantralaya, Mumbai - 32.

25 jg.wp 5245.18+27 wps.odt

(2) The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune-1.

of 201

(1) Shri. Shivaji Shikshan Sanstha, Pusad through its Secretary, Aniruddha Vijayrao Patil, aged 34 years, Office at Shri Shivaji Secondary and Higher Secondary School, Shivaji Chowk, Pusad, Dist. Yeotmal.

(2) Shri. Shivaji Secondary and Higher Secondary School, Pusad, through its Head Master, Shivaji Chowk, Pusad, Dist. Yeotmal.

(3) Shri. Shivaji Vidyalaya, Bhojara, through its Head Master, Bhojara, Tah. Pusad, Dist. Yeotmal.

(4) Shri. Shivaji Vidyalaya, Jamb-Bajar, through its Head Master, Jamb-Bajar, Tah. Pusad, Dist. Yeotmal.

(5) Shri. Shivaji Vidyalaya, Belora, through its Head Master, Belora, Tah. Pusad, Dist. Yeotmal.

(6) Shri. Shivaji Secondary and Higher Secondary School, Savana, through its Head Master, Savana, Tah. Mahagaon, Dist. Yeotmal.

(7) Shri. Shivaji Vidyalaya, Chatari, through its Head Master, Chatari, Tah. Umarkhed, Dist. Yeotmal.

26 jg.wp 5245.18+27 wps.odt

(8) Shri. Shivaji Secondary and Higher Secondary School, Pophali, through its Head Master, Pophali, Tah. Umarkhed, Dist. Yeotmal.

(9) Shri. Tejmal Gandhi Krushi Vidyalaya, Brahmangaon, through its Head Master, Brahmangaon, Tah. Umarkhed, Dist. Yeotmal.

(10) Shri. Shivaji High School, Mulawa, through its Head Master, Mulawa, Tah. Umarkhed, Dist. Yeotmal.

(11) Babasaheb Naik Vidyalaya, Khadaka, through its Head Master, Khadaka, Tah. Mahagaon, Dist. Yeotmal.

(12) Sachin Ramchandra Akhadkar, aged 33 yrs., Occu. : Service, R/o At Post Chondhi, Tah. Pusad, Dist. Yeotmal.

(13) Prasanna Ramesh Thakare, aged 32 yrs., Occu. : Service, R/o: At Post Bhojara, Tah. Pusad, Dist. Yeotmal.

(14) Bharat Namdeo Rathod, aged 30 yrs., Occu. : Service, R/o : At Pandhurna, Post Purva, Tah. Pusad, Dist. Yeotmal.

(15) Ku. Jayashree Rohidas Shelar, aged 30 yrs., Occu. : Service, R/o : At Tilaknagar, Pusad, Tah. Pusad, Dist. Yeotmal.

(16) Ku. Rita Sureshrao Rede, aged 30 yrs., Occu.: Service, R/o : c/o Vijaysingh Deshmukh, Tilaknagar, Pusad, Tah. Pusad, Dist. Yeotmal.

27 jg.wp 5245.18+27 wps.odt

(17) Nilesh Raosabhed Jadhav, aged 32 yrs., Occu.: Service, R/o : At Watfali, Post Ashti, Himayatnagar, Dist. Nanded.

(18) Ku. Varsha Bhimappa Bondre, aged 30 yrs., Occu.: Service, R/o: c/o Shri. Dada Khapare, Udasi Ward, Pusad, Tah. Pusad, Dist. Yeotmal.

(19) Pankaj Sahebrao Choudhari, aged 33 yrs., Occu.: Service, R/o: At Post Bhojara, Tah. Pusad, Dist. Yeotmal.

(20) Amol Shivajirao Sargar, aged 32 yrs., Occu.: Service, R/o At Post Gajipur, Tah. Pusad, Dist. Yeotmal.

(21) Ku. Sushama Waghu Khillare, aged 30 yrs., Occu.: Service, R/o : Parate Layout, Gandhi Nagar, Pusad, Tah. Pusad, Dist. Yeotmal.

(22) Dayanand Shivajirao Jadhav, aged 32 yrs., Occu.: Service, R/o : At Post Shirpalli, Tah. Himayatnagar, Dist. Nanded.

(23) Yuvaraj Vasantrao Jadhao, aged 33 yrs., Occu.: Service, R/o : At Post Jamshetpur, Tah. Pusad, Dist. Yeotmal.

(24) Bhimrao Vitthalrao Manwar, aged 32 yrs., Occu.: Service, R/o : At Post Sawargaon (Bangala), Tah. Pusad, Dist. Yeotmal.

(25) Vitthal Namedeo Dhale, aged 31 yrs., Occu.: Service, R/o : At Post Belora,

28 jg.wp 5245.18+27 wps.odt Tah. Pusad, Dist. Yeotmal.

(26) Ku. Shraddha Diliprao Chavan, aged 30 yrs., Occu.: Service, R/o : c/o D.P. Jadhav, Gandhinagar, Tah. Pusad, Dist. Yeotmal.

(27) Ku. Shraddha Ashokarao Deskhmukh aged 30 yrs., Occu.: Service, R/o : At Post Sawana, Tah. Mahagaon, Dist. Yeotmal.

(28) Ku. Deepa Shankarrao Deshmukh, aged 29 yrs., Occu.: Service, R/o : c/o Kiran Balasaheb Deshmukh, At Post Shrirampur, Tah. Pusad, Dist. Yeotmal.

(29) Parmeshwar Pundalik Tekale, aged 32 yrs., Occu.: Service, R/o: At Post Sawana, Tah. Mahagaon, Dist. Yeotmal.

(30) Sunil Bhimrao Gavhane, aged 31 yrs., Occu.: Service, R/o: At Mohaddi, Post Mulawa, Tah. Umarkhed, Dist. Yeotmal.

(31) Gajanan Pralhad Punde, aged 30 yrs., Occu.: Service, R/o: Banjara Colony, Pusad, Tah. Pusad, Dist. Yeotmal.

(32) Ku. Puja Nagorao Warhade, aged 29 yrs., Occu.: Service, R/o: At Post Karanji, Tah. Mahagaon, Dist. Yeotmal.

(33) Prashant Panchamsing Chavhan, aged 33 yrs., Occu.: Service, R/o: At Post Chondhi, Tah. Pusad, Dist. Yeotmal.

(34) Prakash Digambar Suryawanshi,

29 jg.wp 5245.18+27 wps.odt aged 31 yrs., Occu.: Service, R/o: At Amboli, Post Pophali, Tah. Umarkhed, Dist. Yeotmal.

(35) Sandip Pandurang Shinde, aged 32 yrs., Occu.: Service, R/o: Vasantnagar, Umarkhed, Tah. Umarkhed, Dist. Yeotmal.

(36) Aakash Parmatma Garude, aged 33 yrs., Occu.: Service, R/o: At Post Brahmangaon, Tah. Umarkhed, Dist. Yeotmal.

(37) Anil Vishwanath Pophalghat, aged 31 yrs., Occu.: Service, R/o: At Post Mulawa, Tah. Umarkhed, Dist. Yeotmal.

(38) Aniruddha Annarao Deshmukh, aged 32 yrs., Occu.: Service, R/o: At Umara, Post Papalwadi, Tah. Mahur, Dist. Yeotmal.

... Petitioners ... Versus ...

(1) State of Maharashtra through its Secretary, Department of School Education and Sports, Mantralaya, Mumbai - 32.

(2) The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune-1.

(3) The Deputy Director of Education, Amravati Division, Tope Nagar, Amravati.

(4) The Education Officer (Secondary), Zilla Parishad, Yeotmal.

... Respondents - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

30 jg.wp 5245.18+27 wps.odt with Writ Peti tion No.

of 201

(1) Smt. Parvatibai Naik Charitable Medical Aid and Social Health Welfare Trust, Pusad, through its Secretary Dr. Maniram Dharma Rathod, having its office at Near Talao Layout, Pusad, Dist. Yeotmal.

(2) Fulsingh Naik Secondary School, Moha(Ijara) through its Head Master Anant Manikrao Ingale, aged 53 years, At Post Moha (Ijara), Tal. Pusad, Dist. Yeotmal

(3) Ku. Harshalata Pandurang Jadhav, aged 32 years, Occu. Service, R/o. Mahatma Phule Ward, Malipura, Tal. Pusad, Dist. Yeotmal ... Petitioners ... Versus ...

(1) State of Maharashtra through its Secretary, Department of School Education and Sports, Mantralaya, Mumbai - 32.

(2) The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune-1.

(3) The Deputy Director of Education, Amravti Division, Tope Nagar, Amravati.

(4) The Education Officer (Secondary), Zilla Parishad, Yeotmal ... Respondents - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

31 jg.wp 5245.18+27 wps.odt with Writ Peti tion No.

of 201

(1) Secondary Education Society, Sakoli through its President Ad hoc-Committee Madhukar Zingar Shahare, aged 58 yrs, Office at Pragati colony, At post Shendurwafa, Tal. Sakoli, Dist Bhandara.

(2) Nandlal Patil Kapgate Vidyalaya and Junior College, Sakoli through its Head Master Madhukar Zingar Shahare, aged 58 yrs., National Highway No. 6, Sakoli, Dist. Bhandara.

(3) Reshim Shamrao Maske, aged 27 yrs., Occu.-service, Near Durga Mandir chowk, Sakoli, Tal. Sakoli, Dist. Bhandara.

(4) Ku.Bhawana Purushottam Dongarwar, aged 34 yrs., Occu.-Service, Navjiwan colony, Tal. Sakoli, Dist. Bhandara.

(5) Ku. Ravita Kusan Borkar, aged 30 yrs., Occu.-service, r/o Birsa Munda Chowk, Shendurwafa, Tal. Sakoli, Dist. Bhandara.

(6) Ku.Bhumneshwari Bhaskar Nakade, aged 33 yrs., Occu.-Service, r/o Pragati Colony, Shendurwafa, Tal. Sakoli, Dist. Bhandara.

(7) Prakash Dhulichand Borkar, aged 31 yrs., Occu.-Service, r/o Navjiwan colony, Shendurwafa, Tal. Sakoli, Dist. Bhandara. ... Petitioners

32 jg.wp 5245.18+27 wps.odt ... VERSUS ...

(1) State of Maharashtra through its Secretary, Department of School Education and Sports, Mantralaya, Mumbai - 32.

(2) The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune-1.

(3) The Deputy Director of Education, Nagpur Division, Balbharti, Opp. Dhantoli Park, Dhantoli, Nagpur. ... Respondents - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - with Writ Peti tion No.

of 201

(1) Nirmal Education Bahuuddeshiya Sanstha, Nagpur through its President, Smt. Vidya Balasaheb Dhok, aged 63 yrs. Office at Dattaraya Nagar, Plot No. 149, Ayodhya Nagar, Nagpur.

(2) Gayatri Vidyalaya, Nagpur through its Head Master Labhesh Balasaheb Dhok, aged 38 yrs, Gayatri Nagar, Nagpur.

(3) Mangesh Natthuji Giradkar, aged 35 yrs, occu.-service, r/o Hanuman Mandir, Katgaon Naka, Budhwari Peth, Umred, Dist Nagpur.

(4) Rajkumar Narayan Urkude, aged 37 yrs., Occu. Service, r/o at Kumpa, Post-Kumbha, Tal. Maregaon, Dist. Yeotmal.

... Petitioners ... VERSUS ...

(1) State of Maharashtra through its Secretary, Department of School Education and Sports, Mantralaya, Mumbai - 32.

33 jg.wp 5245.18+27 wps.odt

(2) The Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune-1.

(3) The Deputy Director of Education, Nagpur Division, Balbharti, Opp. Dhantoli Park, Dhantoli, Nagpur.

(4) The Education Officer (Sec.), Zilla Parishad, Nagpur. ... Respondents - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - with Writ Peti tion No.

of 20

(1) Buldhana Zilha Shikshan Sanstha Chalak Mandal, PTR No. F-5324/5266/99 of Buldhana, through its Secretary, Shri Madhukar Amruta Patil, Aged about 67 years, R/o. C/o. Aided High School and Junior College, Buldhana, Taluka and District Buldhana.

(2) Savita W/o. Madhav Chaudhari, Aged about Major, Occ: Teacher, R/o. c/o. Mahatma Jyotiba Phule Secondary and Higher Secondary College, Sindhkhed Raja, District Buldhana.

(3) Mittal S/o Shantilal Mehtre, aged about Major, Occ: Teacher, R/o. C/o. Mahatma Jyotiba Phule Secondary and Higher Secondary College, Sindhkhed Raja, District Buldhana.

(4) Ku. Deepali Eknath Kale, Aged about Major, Occ: Teacher R/o. Jijamata Secondary and Higher Secondary College, Sindhkhed Raja, District Buldhana.

34 jg.wp 5245.18+27 wps.odt

(5) Ku. Priya Subash Raut, Aged about Major, Occ: Teacher R/o. Jijamata Secondary and Higher Secondary College, Sindhkhed Raja, District Buldhana.

(6) Ku. Madhuri Chagan Kinage, Aged about Major, Occ: Teacher R/o C/o. BES Junior College, Datala, taluka Malkapur, District Buldhana.

(7) Rajendra Fatesing Tomar, Aged about Major, Occ: Teacher, R/o. C/o. Aided High School and Junior College, Buldhana, Tq. and District Buldhana.

(8) Sau. Sangeeta Sandeep Shukla, Aged about Major, Occ: Teacher, R/o. C/o. Aided High School and Junior College, Buldhana, Taluka and District Buldhana.

(9) Sau. Archana Prasad Patki, Aged about Major, Occ: Teacher, R/o. C/o. Aided High School and Junior College, Buldhana, Taluka and District Buldhana.

(10) Shri Nivrutti Totaram Ubarhande, Aged about Major, Occ: Teacher, R/o. C/o. Aided High School and Junior College, Buldhana, Taluka and District Buldhana.

(11) Vikrant S/o Vasant Navale, Aged about Major, Occ: Teacher, R/o. C/o. LB Chandak Vidyalaya, Malkam, Taluka Malkapur, District Buldhana.

(12) Manda Nimbaji Pardhi, Aged about Major, Occ: Teacher,

35 jg.wp 5245.18+27 wps.odt R/o. C/o. LB Chandak Vidyalaya, Malkam, Taluka Malkapur, District Buldhana.

(13) Shantanu Rajendra Aakhade, Aged about Major, Occ: Teacher R/o. C/o. Shri Shivaji High School, Dongaon, Taluka Mehkar, District Buldhana.

(14) Vishal Ramesh Bajad, Aged about Major, Occ: Teacher R/o. C/o. Shri Shivaji High School, Dongaon, Taluka Mehkar, District Buldhana.

(15) Amol Rameshwar Godhmade, Aged about Major, Occ: Teacher R/o. C/o. Shri Shivaji High School, Dongaon, Taluka Mehkar, District Buldhana.

(16) Ku. Megha Kisanrao Dhotre, Aged about Major, Occ: Teacher R/o. C/o. Shri Shivaji High School, Dongaon, Taluka Mehkar, District Buldhana.

(17) Nitin Sudam Wankhede, Aged about Major, Occ: Assistant Teacher, R/o. C/o. MES High School, Mehkar, Taluka Mehkar, District Buldhana.

(18) Ku. Sangeeta Dyandev Andhale, Aged about Major, Occ: Assistant Teacher, R/o. C/o. MES High School, Mehkar, Taluka Mehkar, District Buldhana.

(19) Swapnil Vishram Jadhav, Aged about Major, Occ: Teacher R/o. C/o. Shri Shivaji High School, Undri, Taluka Chikhali District Buldhana.

36 jg.wp 5245.18+27 wps.odt

(20) Nikhil Rameshrao Gadekar, Aged about Major, Occ: Teacher, R/o C/o. Saraswati Vidyalaya, Janefal, District Buldhana.

(21) Ramzan Chattu Gawali, Aged about Major, Occ: Teacher, R/o. C/o. Saraswati Vidyalaya, Janefal, District Buldhana. ... Petitioners ... VERSUS ...

(1) State of Maharashtra, Through its Secretary, Department of School Education, Mantralaya, Mumbai-32.

(2) Director of Secondary and Higher Secondary Education, State of Maharashtra, Central Building, Pune.

(3) Deputy Director of Education, Amravati Division Amravati.

(4) The Education Officer (Secondary) Zilla Parishad, Buldhana.

... Respondents - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R. L. Khapre, Senior Advocate assisted by Mr. V. G. Lohia, Advocate for the petitioners in WP 4578/2022 Mr. B. G. Kulkarni, Advocate for the Petitioners in rest of the petitions Mr. S. M. Ukey, Addl. G. P. for Respondents - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - COR A M : ROHIT B. DEO AND MRS. VRUSHALI V. JOSHI , J J .

Date : 13-3-2023 COMMON

JUDGMENT

(PER : Rohit B. Deo, J.) Rule. Rule made returnable forthwith. Heard finally with consent of learned counsel appearing for the parties.

37 jg.wp 5245.18+27 wps.odt 2.

Common issues are involved in these petitions, which are heard together and can be appropriately disposed of by common judgment.

The grievance in the petitions, which are instituted by the managements and employees of aided private schools, is that the Education Officer or the Deputy Director of Education, as the case may be, has declined to approve the appointment of the teachers - petitioners inter alia on the ground that the appointment is made, after the issuance of Government Resolution (G.R.) dated 23-6-2017 which introduced the Pavitra Portal with the avowed object of introducing element of transparency in recruitment of teachers in private schools. 4.

We may note the broad facts in Writ Petition 5245/2018 as illustrative of the factual matrix in the bunch of petitions. 5.

Petitioner 1 - educational society manages petitioner 2 - school. Mr. M. G. Mahalle, who was teaching Mathematics, retired on 30-11-2016. The management contends that the vacant post was required to be filled in from the Open category. 6.

The management addressed communications dated 20-7-2017, 16-11-2017 and 29-11-2017 to respondent 1 - Deputy Director of Education seeking permission to fill in the vacant posts. The

38 jg.wp 5245.18+27 wps.odt petitioner also invited the attention of the said authority to the interim order dated 3-11-2017 in Writ Petition 5059/2017. The communications went unheeded.

The management resolved to fill up the vacant posts and published advertisement dated 18-11-2017. The management further requested the Commissioner, District Employment and Project Officer of Adiwasi Development Project, Akola to forward the names of interested candidates. In response to the advertisement, four candidates appeared for the interview and petitioner 3 - Mr. Pranav Santoshrao Mankar was found eligible and suitable and was appointed as Shikshan Sevak vide order dated 9-12-2017. Petitioner 3 accordingly joined duties as Shikshan Sevak and is in continuous service.

The management submitted proposal dated 29-12-2017 to respondent 1 in response to which certain clarifications were sought. The management contends that the queries were satisfied. In view of the inaction in considering the proposal, the management preferred Writ Petition 4002/2018, during the pendency of which, respondent 1 rejected the proposal. The rejection is on the premise that the petitioner - society was not party in Writ Petition 5059/2017 and Writ Petition 4684/2017. In view of the rejection order dated 22-6-2018,

39 jg.wp 5245.18+27 wps.odt Writ Petition 4002/2018 was withdrawn with liberty to file fresh petition.

The petitioners contend that the appointment of petitioner - 3, teacher was made in accordance with the due procedure and in view of the retirement of Mr. Mahalle, the students were suffering since Mr. Mahalle taught the subject of Mathematics. 10.

In Writ Petition 5245/2018, the petitioners have filed additional affidavit dated 16-10-2018 giving further details of the recruitment process.

11.

Respondent 1 - Deputy Director of Education, Amravati Division, Amravati has filed affidavit in response dated 30-8-2019. The said affidavit in response asserts that in view of the introduction of the Pavitra Portal vide G.R. dated 23-6-2017, the recruitment of teachers is mandatorily required to be effected through the Pavitra Portal, that the petitioner published the advertisement dated 18-11-2017 without seeking the prior permission from the competent authority, that the appointment is contrary to the reservation policy in view of the existence of backlog in reserved categories, and the appointment is as such illegal. As regards the interim order in Writ Petitions 4684/2017 and 5059/2017, the affidavit in response asserts that the petitioner - management is not party to the said petitions.

40 jg.wp 5245.18+27 wps.odt 12.

The petitioners have filed rejoinder dated 23-1-2023 to the affidavit in response filed on behalf of respondent 1. Petitioners submit in the rejoinder that the NOC from the appropriate authority is required only to ascertain the availability or otherwise of surplus teachers who are entitled to absorption. It is submitted that after the issuance of G.R. dated 23-6-2017 which introduced the Pavitra Portal, the authorities stopped issuing no objection certificates for recruitment to the vacant posts, with the result that the students in schools and junior colleges were put to serious hardship.

13.

G.R. dated 23-6-2017, which introduced the Pavitra Portal, was assailed by the management of private schools in Writ Petition 5059/2017. The association of the managements was one of the petitioners. Petitioner 1 - Institution is a member of the association which was a party to Writ Petition 5059/2017. 14.

It is submitted that vide order dated 3-11-2017 in Writ Petition 5059/2017, the High Court permitted the management to advertise the vacancies and make appointments. The said order was modified on 27-11-2017 in view of the issue raised as regards the availability of surplus teachers, with reference to primary schools and middle schools. A time bound programme for absorption of surplus

41 jg.wp 5245.18+27 wps.odt teachers and issuance of advertisement was stipulated in the modified order dated 27-11-2017. The petitioners assert that in as much as there were no surplus teachers claiming absorption in junior college, the modified order dated 27-11-2017 did not impact the appointments in junior colleges.

14.1 Petitioners emphasize that the management did seek permission from respondent 1 to make appointment of Junior College Teacher (Mathematics) vide letter dated 16-11-2017. Petitioners reiterate that vide letter dated 29-11-2017, respondent 1 was informed that the process of recruitment to junior college was being undertaken in view of the order dated 3-11-2017 in Writ Petition 5059/2017. Petitioners contend that petitioner 3, who belongs to OBC category, was found qualified and suitable and accordingly, proposal dated 28-12-2017 was submitted to respondent 1 for grant of approval to the appointment of petitioner 3, which is rejected by the order impugned. 14.2 Petitioners submit that since the authority, the Education Officer or the Deputy Director of Education, as the case may be, did not consider the proposals seeking approval to the appointment of teachers made on the strength of order dated 3-11-2017 and 27-11-2017 in Writ Petition 5059/2017, the High Court vide order dated 13-3-2018, directed the concerned authority to consider the proposal in accordance

42 jg.wp 5245.18+27 wps.odt with law within one week and to release the salaries to the appointees, if approval is granted, by the next date of hearing. 14.3 Petitioners assert that the authorities selectively granted approvals and in some cases, the approval was granted for limited period. Writ Petition 5059/2017 and connected petitions were decided by the High Court by judgment dated 21-11-2018. The eligibility criteria prescribed was upheld. However, the procedure of appointments prescribed in the G.R. dated 23-6-2017 was held arbitrary and the petitions were partly allowed. Petitioners contend that in as much as the procedure prescribed in the G.R. dated 23-6-2017 was declared arbitrary, the appointments made on the strength of interim order dated 3-11-2017 were ipso facto clothed with the status of valid appointments.

14.4 Petitioners submit that in view of the judgment dated 21-11-2018, the State Government came up with G.R. dated 7-2-2019 prescribing revised or modified procedure for selection and appointment in schools/junior colleges through the Pavitra Portal. Petitioners emphasize that G.R. dated 7-2-2019 supersedes and annuls the G.R. dated 23-6-2017. The petitioners submit that in view of the said developments, during the period 23-6-2017 to 7-2-2019, the

43 jg.wp 5245.18+27 wps.odt managements were not obligated to make any appointment through the Pavitra Portal and indeed there was no Pavitra Portal functional. 14.5 Petitioners then refer to G.R. dated 10-6-2022 which considers grant of approval to the appointments made prior to 10-6-2022, without obtaining the prior permission/NOC from the appropriate authority. The petitioners submit that evaluation of proposals is directed to be done in accordance with the provisions of G.R. dated 6-2-2012.

15.

In the rejoinder, the petitioners have endeavored to demonstrate that the appointment of petitioner 3 was validly made. It is not necessary to delve deeper in the facts of individual case, in view of the order which we propose to make.

16.

Petitioners have referred to the decisions of the coordinate Benches in Writ Petition 12701/2018 (Bharati Dhondu Shevale Vs. The State of Maharashtra and ors.) and Writ Petition 2187/2020 (Rajesh s/o Padmakar Bhangale and anr. Vs. The State of Maharashtra and ors.) dated 2-7-2019 and 30-11-2022 respectively, which shall be considered at an appropriate stage.

17.

The learned counsel for the petitioners would submit in unison, that while the proposals seeking approval to appointments shall

44 jg.wp 5245.18+27 wps.odt have to be considered on case to case basis, by the appropriate authority, it would not be permissible in law for the authority to reject the proposal on the ground that the recruitment is not effected through the Pavitra Portal, where the appointments are made pursuant to the interim orders passed by the High Court and during the period, the Pavitra Portal was not functional.

Responding to the submission canvassed on behalf of the learned Additional Government Pleader that the petitioners will have to demonstrate that they were members of the association which approached the High Court and which was a party to the Writ Petition 5059/2017 and Writ Petition 4684/2017, learned counsel for the petitioners fairly agree that the management concerned will have to demonstrate that the management was a member of the association at the relevant time. The learned counsel for the petitioners further submit that the intervention applications may be allowed and the contentions of the intervenors may be kept open for the appropriate authority to consider on merits.

We accordingly allow the intervention applications and keep the contentions of the intervenors open for consideration at an appropriate stage, by the appropriate authority. 18.

We are inclined to allow the petitions partly, in terms of the submissions canvassed and which we have recorded supra. We may articulate the reasons which have weighed with us.

45 jg.wp 5245.18+27 wps.odt 19.

In exercise of powers conferred by sub-section (1) and (2) of Section 16 read with Section 4 of the Maharashtra Employees of Private Schools (Conditions of Services) Regulation Act,1977 (MEPS Act), the State Government issued notification dated 22-6-2017 amending the Maharashtra Employees of Private Schools (Conditions of Services) Rules, 1981 (MEPS Rules).

20.

Rule 6 which provided for qualifications of teachers and nonteaching staff was substituted as follows. "6.

Qualifications of teachers and non-teaching staff.- (1) The minimum qualifications for the posts of teachers and the non-teaching staff in the primary schools, secondary schools, higher secondary schools, junior colleges and junior colleges of education shall be as specified in Schedule 'B'. (2) The Government or the agency authorized by the Government shall conduct the Eligibility Test and Aptitude Test for the appointments of teachers or shikshan sevaks, for standard I to VIII and Aptitude Test for the appointments of the teachers or shikshan sevaks for standard IX to XII in the private aided schools, partially aided schools and schools eligible for grant-in-aid, from time to time. (3) For the appointment of the teachers for standard I to VIII, the candidate who has passed the Eligibility Test shall be eligible to appear for Aptitude Test.

(4) The candidate can appear five times for the Aptitude Test for betterment of marks within the age limit prescribed for the post.

(5) The marks obtained in the Aptitude Test shall be valid up to the age limit prescribed for the post including relaxation in

46 jg.wp 5245.18+27 wps.odt age limit for the candidates belonging to the Specific Category.

(6) The Government shall specify the syllabus and provide the procedure to be followed for conducting the Eligibility Test and Aptitude Test, from time to time."

Rules 3 and 9 were amended inter alia in view of the provisions of the Right of Children to Free and Compulsory Education Act, 2009 and the introduction of the aptitude and eligibility tests. Consequently, amendments were made to Schedule B of the Rules. 21.

Contemporaneously with amendment of the Rules vide notification dated 22-6-2017, the Government came up with G.R. dated 23-6-2017 which inter alia introduced the Pavitra Portal in the interest of transparency and fairness in the recruitment process. The G.R. dated 23-6-2017 further set in place an elaborate procedure for effecting recruitment as Shikshan Sevaks. In the context of the issue involved, and the narrowing down of the controversy, we are not required to consider the provisions of the said G.R. other than the introduction of the Pavitra Portal.

22.

As noted supra, Writ Petition 4684/2017 and Writ Petition 5059/2017 were filed challenging the amendment to the MEPS Rules and the G.R. dated 23-6-2017 which inter alia introduced Pavitra Portal.

47 jg.wp 5245.18+27 wps.odt 23.

In view of the heavy reliance placed by the petitioners on the interim order dated 3-11-2017, we may extract the said order verbatim.

"1. Heard for some time. Learned AGP is seeking time. He points out that special counsel has been appointed to assist the Court in the matters.

Petitioners in Writ Petition No.5059/2017 have filed additional affidavit recently and with it they have given programme of examination scheduled to be conducted online between 12.12.2017 and 21.12.2017. Thus teachers, even if recruited, may not become available for actual posting before 31.12.2017.

Schools have started in June/July 2017 and while passing orders on 11th September 2017, we have already noticed that without teachers, students had completed almost two months. By now, their first term is over. 4.

If the students wait for outcome of online examination, they will get teachers in appropriate numbers only in the month of January, 2018. In this situation, we permit the petitioners to recruit teachers to existing vacancies after publishing advertisement in newspapers and after following proper procedure. The procedure to be followed shall be as prevalent just prior to coming into force of notification dated 22.06.2017.

The employment provided shall be at the risk and costs of respondents, but subject to further orders of the Court in the matters.

List on 27th November 2017, as jointly requested. 7.

Steno copy allowed."

24.

Next relevant development is the order dated 27-11-2017 which considers the submission of the proposed intervenors that surplus

48 jg.wp 5245.18+27 wps.odt teachers were available for absorption. The relevant paragraphs of the order dated 27-11-2017 are extracted below.

"2. Before proceeding further to consider the controversy on merits, Shri Gour, learned counsel, appearing for some applicants (proposed intervenors) has stated that at least 13 B.Sc., B.Ed. Teachers declared as surplus are available and ready for absorption. The anxiety of this Court in passing order on 03.11.2017 was to see that the students get Teachers at the earliest and such Teachers can thereafter, if occasion arises, be substituted by the candidates who qualify in eligibility and aptitude test.

3. In view of these developments, during hearing, the State Government has shown its readiness and willingness to supply 97 surplus Teachers to both the Schools within one week. It is obvious that the Teachers to be supplied must be as per needs of the petitioners.

4. Shri Gour, learned counsel submits that names of 13 proposed intervenors are also included in the list of surplus Teachers.

5. In this situation, with liberty to the State Government to supply such Teachers to the petitioners within one week after receipt of request from them and keeping all rival contentions open, we adjourn the matter to 11.12.2017 for further consideration.

6. Without prejudice to the rights and contentions of the petitioners, they shall inform their respective needs to the concerned Education Officer or the Deputy Director of Education within 48 hours from today. The concerned authority shall thereafter forward required Teachers from surplus list within one week."

25.

The subsequent order dated 13-3-2018 notes the submissions on behalf of the petitioners that after the interim orders of

49 jg.wp 5245.18+27 wps.odt ad-hoc appointments are made, and the proposals seeking approval are not processed. The High Court directed the respondents to consider the proposals as per law within a period of one week and if everything is in order, to release the salary on or before the next date of hearing. 26.

Writ Petition 5059/2017 and the connected petitions were decided by judgment dated 21-11-2018. It would be apposite to extract the operative part of the judgment.

"1.

The validity of Rules 6(2) and (3) and 9(2A) and (2B) of the MEPS Rules, introduced on 22-6-2017, is upheld on the touchstone of competency of the State Government and Article 19(1)(g) of the Constitution of India. 2.

The procedure for selection and appointment of the teachers in the private schools, receiving or eligible to receive full or partial grant-in-aid from the State exchequer, shall be governed by the provisions of Rule 6(1), (2) and (3) read with Rule 9(2A) and (2B) of the MEPS Rules, as are interpreted by us in Paras 34, 36, 39 and 44 of this judgment without interfering with the right of the Management and/or the School Committee to select and appoint the qualified, eligible and suitable candidates by holding the personal interview.

46. Rule is made absolute in the aforesaid terms. No order as to costs."

27.

In view of the judgment dated 21-11-2018 supra, the State Government issued G.R. dated 7-2-2019 purporting to remove the infirmities in the G.R. dated 23-6-2017 and 20-6-2018. It would not be necessary to consider the provisions of the said G.R. elaborately, in as

50 jg.wp 5245.18+27 wps.odt much as, the G.R. which is issued in view of the decision of the High Court, is not assailed.

28.

Writ Petition 12701/2018 which was filed challenging the rejection of approval to the appointment of the petitioner was decided by Aurangabad Bench on 2-7-2019. The petitioner contended that he was appointed on 16-8-2018 pursuant to the advertisement dated 1-8-2017 and the management did seek permission to fill in post on 12-6-2017, and that the Pavitra Poral was not functional when the petitioner was appointed. The learned AGP submitted that in view of the provisions of G.R. dated 23-6-2017, the recruitment could have been made only through the Pavitra Portal. In response to query made by the High Court, the learned AGP stated that the Pavitra Portal became operative on 20-6-2018 and the learned counsel for the petitioner responded with the submission that as a fact, the Pavitra Portal is activated only in January, 2019.

The Aurangabad Bench noted that when the recruitment was made, the Pavitra Portal was not functional, and quashed and set aside the order impugned. The Education Officer was directed to reconsider the proposal seeking approval to the appointment of the petitioner. The Education Officer was directed not to reject the proposal on the ground on which the impugned order is passed.

51 jg.wp 5245.18+27 wps.odt 29.

Relying on the decision at Aurangabad Bench, Writ Petition 2187/2020 came to be allowed at Nagpur. The order of rejection of approval was quashed and the Education Officer was directed to reconsider the proposal seeking approval to the appointments and not to reject the proposal on the ground that the appointments are not made through the Pavitra Portal.

30.

By now, it appears to be incontrovertible that the Pavitra Portal was not functional at least till 20-6-2018. In all fairness, we note that the petitioners are not conceding that the Pavitra Portal was activated on 20-6-2018 and would submit, as was also submitted before the Aurangabad Bench, that it was only in January, 2019, that the Pavitra Portal became operational.

31.

Be that as it may, in these petitions, nothing is brought to our notice by the respondents to suggest that the appointments were made after the activation of the Pavitra Portal. The submission canvassed on behalf of the concerned authority is that no advantage can be taken by the petitioners of the interim orders rendered by the High Court, unless the petitioners - managements establish membership of the association which was party to the petition/s. The extension of the submission is that if the petitioners - managements are not either parties or members of the association which approached the High

52 jg.wp 5245.18+27 wps.odt Court, the appointments made without seeking the permission of the appropriate authority cannot be approved.

32.

Considering the rival submissions, we are inclined to hold that the managements which have made the appointments on the strength of the interim orders of the High Court in Writ Petition 4684/2017 and Writ Petition 5059/2017 and/or in connected matters were not required to seek the permission of the appropriate authority, if the managements were party/parties individually or as members of the association which approached the High Court. We are further inclined to hold that during the period the Pavitra Portal was not functional, no fault can be found with appointments made dehors the Pavitra Portal and approvals to appointments made shall not be rejected on the ground that the appointments are not made through the Pavitra Portal. The appropriate authority shall have to consider or reconsider, as the case may be, the proposals consistent with the observations supra. 33.

We therefore, allow the petitions partly and issue the following directions.

(i) The Education Officer or the Deputy Director of Education, as the case may be, shall consider or reconsider, as the case may be, the proposals seeking approval to the appointments of the petitioners - teachers on merit and in accordance with law.

53 jg.wp 5245.18+27 wps.odt (ii) The proposals shall not be rejected on the ground that the appointments are not made through Pavitra Portal system, if the appointments are made on the strength of interim orders of the High Court or during the period when the Pavitra Portal was not functional.

(iii) The proposals submitted by the managements, who were parties to Writ Petition 4684/2017 and Writ Petition 5059/2017 and/or connected matters, either individually or as members of the petitioner - association, shall not be rejected on the ground that appointments were made without seeking the permission of the appropriate authority. However, the managements, who were not parties individually, will have to establish their membership of the petitioner - association.

(iv) The petitioners shall produce copy of this judgment before the appropriate authority which shall take appropriate decision after hearing all the stakeholders including the intervenors, who may wish to be heard, within eight weeks from the production of the copy of the judgment.

54 jg.wp 5245.18+27 wps.odt 34.

The petitions are disposed of in the aforestated terms. (Vrushali V. Joshi, J.) (Rohit B. Deo, J.) wasnik YUVRAJ WASNIK