Ku Seema Tarannum Abdul v. State Of Maharashtra Through Its Secretary, Department Of Rural Development And Others

0209wp1295.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1295/2015 Ku. Seema Tarannum Abdul Hamid ...Versus...

State of Maharashtra Through its Secretary, Department of Rural Development and Water Conservation, Mantralaya, Mumbai - 32 and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.D. Karode, Advocate for petitioner Shri N.R. Rode, AGP for respondent nos.1 to 3, 8 & 10 Shri A.P. Kalmegh, Advocate for respondent no.6 CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATE : 02.09.2015 By this petition, the petitioner seeks a direction to the Chief Executive Officer, Zilla Parishad, Amravati to immediately relieve the petitioner so that the petitioner's services could be absorbed in the Corporation School by implementing the order of the Divisional Commissioner, Amravati Division, Amravati dated 21.7.2014.

According to the petitioner, who is an undergraduate teacher, she should have been absorbed in the School run by the respondent - Corporation, in view of the order of the Divisional Commissioner, Amravati Division, Amravati.

It is brought to the notice of this Court by the learned Counsel for respondents that when the order was passed by the

0209wp1295.15.odt Divisional Commissioner, there may be a post of undergraduate teacher vacant in the Corporation School, but for the academic year 2014-15, 35 undergraduate teachers are excess in Urdu Medium School of the Corporation, in which the petitioner is seeking absorption.

It is stated on behalf of the respondents that in view of the depleted strength of the students, the undergraduate teachers in the Corporation School are excess and it would therefore not be possible for the respondents to absorb the petitioner, who is an undergraduate teacher, in the School of the Corporation.

Since 35 undergraduate teachers are excess in the Urdu Medium School of the Corporation where the petitioner is seeking absorption, the relief sought by the petitioner cannot be granted.

The writ petition is dismissed with no order as to costs.

JUDGE JUDGE Wadkar