Bombay High Court
Kisan Shikshan Prasarak Mandal, Latur ... vs The State Of Maharashtra And Others on 5 May, 2017
Author: S. V. Gangapurwala
Bench: S. V. Gangapurwala
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1) WRIT PETITION NO.762 OF 2015
1] Kisan Shikshan Prasarak Mandal,
Hadolti,Tq:Ahmedpur,
Dist.Lature,Through its Secretary.
2] Shrihari Primary Viday Mandir,
Hadolti,Tq:Ahmedpur,
Dist.Lature,Through its Head Master.
3] Smt.Amita Shivanand Khandare
Age:30 years, Occu.Service as
Assistant Teacher,
Shrihari Primary Vidya Mandir,
Hadolti,Tq:Ahmedpur,
Dist.Latur.
4] Gajanan S/o Shivraj Kotsulwar,
Age 28 years, Occu.Service as
Assistant Teacher,
Shrihari Primary Vidya Mandir,
Hadolti,Tq: Ahmedpur,Dist.Latur
5] Nandkishor S/o Namdevrao Virale,
Age 28 years, Occu.Service as
Assistant Teacher,
Shrihari Primary Vidya Mandir,
Hadolti,Tq: Ahmedpur,Dist.Latur
6] Dhondiram S/o Balaji Chapde, ... Petitioners
Age 27 years, Occu.Service as
Assistant Teacher,
Shrihari Primary Vidya Mandir,
Hadolti,Tq: Ahmedpur,Dist.Latur
VERSUS
1] The State of Maharashtra,
Through Secretary School Education,
And Sport Department, Mantralaya,
Mumbai-32.
2] The Director of Education (Primary),
Center Building,Swargate,Pune.
3] The Deputy Director of Education,
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Latur Division,Latur.
4] The Education Officer (Primary), Zilla
Parishad, Latur.
... Respondents
2) WRIT PETITION NO.149 OF 2015
1] Sanjay S/o Vishwanath Talkute,
Age :27 years,Occu.Service as a
Assistant Teacher,
Sant Dnyaneshwar Prathmik
Vidyamandir,Ahmedpur,
Tq.Ahmedpur,Dist.Latur.
2] Manoj S/o Manikrao Barole,
Age: 28 years, Occu.Service as a
Assistant Teacher,
Sant Dnyaneshwar Prathmik Vidyamandir,
Ahmedpur,
Tq.Ahmedpur, Dist.Latur.
3] Shankar S/o Manikrao Deokate,
Age: 29 years, Occu.Service as a
Assistant Teacher,
Sant Dnyaneshwar Prathmik Vidyamandir,
Ahmedpur,
Tq.Ahmedpur, Dist.Latur.
4] Madhukar S/o Narayan Gopnar,
Age: 28 years, Occu.Service as a
Assistant Teacher,
Sant Dnyaneshwar Prathmik Vidyamandir,
Ahmedpur,
Tq.Ahmedpur, Dist.Latur.
5] Satyvan S/o Ramrao Sarole,
Age: 30 years, Occu.Service as a
Assistant Teacher,
Sant Dnyaneshwar Prathmik
Vidyamandir,Ahmedpur,
Tq.Ahmedpur, Dist.Latur.
6] Smt.Shaikh Rubina Shadul Hussain,
Age: 29 years, Occu.Service as a
Assistant Teacher,
Sant Dnyaneshwar Prathmik Vidyamandir,
Ahmedpur,
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Tq.Ahmedpur, Dist.Latur. ... Petitioner
VERSUS
1] The State of Maharashtra,
Through Secretary School Education,
And Sport Department Mantralaya,
Extension Building,Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Deputy Director of Education,
Latur Region,Latur.
4] The Education Officer(Primary),
Zilla Parishad,Latur,
Dist.Latur.
5] Ganesh Shikshan Prasarak Mandal,
through its Secretary,
R/o Ahmedpur, Tq.Ahmedpur,
Dist.Latur.
6] Sant Dnyaneshwar Prathmik Vidyamandir,
Ahmedpur,Tq.Ahmedpur,Dist.Latur,
Through its Headmaster. ... Respondents
WITH
3) WRIT PETITION NO.7763 OF 2015
1] Mahesh S/o Chandrakant Birajdar,
Age-30 years,Occu. Asst. Teacher,
Shambhuling Shivacharya Prathmik
Vidyalaya,Giwalkar Nagar,Latur, ... Petitioner
Tq.and Dist.Latur.
VERSUS
1] The State of Maharashtra,
Through Secretary School Education,
And Sport Department
Mantralaya,Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Education Officer
(Primary),Zilla Parishad,
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Latur.
4] Mahatma Basveshawar Shikshan
Sanstha,Latur,Dist.Latur,
Through its Secretary.
6. Shambhuling Shivacharya Prathmik
Vidyalaya, Girwalkar Nagar, Latur,
through its Head Master. ... Respondents
WITH
4) WRIT PETITION NO.711 OF 2014
1] Mahesh S/o Balaji Kanwate,
Age 26 years, Occ.Service as
Assistant Teacher, Lokmanya
Primary School,Chakur,
Tal.Chakur,District Latur.
2] Krishna S/o Vitthal Zambre,
Age 26 years, Occ.Service as
Assistant Teacher, Lokmanya
Primary School,Chakur,
Tal.Chakur,District Latur.
3] Shahaji S/o Ganpatrao Mane,
Age 25 years, Occ.Service as
Shikshan Sevak, Lokmanya
Primary School,Chakur,
Tal.Chakur,District Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through Secretary School Education &
Sports Department Mantralaya,
Mumbai.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Education Officer
(Primary),Zilla Parishad,
Latur.
4] Lokayat Charitable Trust,Ahmedpur,
Tal.Ahmedpur,Dist.Latur,
Through its Secretary.
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5. Lokmany Primay School,Chakur, ... Respondents
Tal.Chakur,District Latur,
Through its Headmaster.
WITH
5) WRIT PETITION NO.941 OF 2015
1] Sangameshwar S/o Manmath Gudda,
Age 26 years, Occu.Service,
Presently working as Assistant
Teacher,at Shree Mukteshwar Pratamik
Vidyamandir,Ausa,
Tq.Ausa,District Latur,
2] Sau.Chhaya d/o Nagshetti Patil,
Age 26 years, Occu.Service,
Presently working as Assistant
Teacher,at Shree Mukteshwar Pratamik ... Petitioners
Vidyamandir,Ausa,
Tq.Ausa,District Latur,
VERSUS
1] The State of Maharashtra,
Through Secretary School Education
And Sport Department Mantralaya,
Extension Building,Mumbai-32.
2] The Director of Education
(Primary),Center
Building,Swargate,Pune.
3] The Deputy Director Education,
Officer(Primary),Zilla
Parishad,Latur,Dist.Latur.
4] The Education Officer (Primary),
Zilla Parishad, Latur.
5] Shree Mukteshwar Shikshan Prasarak ... Respondents
Mandal,Ausa,Tq.Ausa,Dist.Latur,
Through: The President/Secretary.
WITH
6) WRIT PETITION NO.124 OF 2015
1] Baliram S/o Salba Jagtap,
Age:31 years, Occu:Service,
R/o SwamiGalli,Ausa,
Tq.Ausa & Dist.Latur.
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2] Bibhishan S/o Babruwan Pawar,
Age:26 years,Occ:Service,
R/o:Hasala, Post:Peth,
Tq,Ausa,Dist.Latur.
3] Nitin S/o Shivajirao Patil,
Age:27 years,Occ:Service,
R/o:Shindola (J), Post: Kahva,
Dist.Latur.
4] Nitin S/o Anandrao Samukhrao
Age:30 years,Occ:Service,
R/o Nathnagar,Latur,
Tq.Latur,Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through Secretary School Education
And Sport Department Mantralaya,
Mumbai-32.
2] The Director of Education
(Primary),Center
Building,Swargate,Pune.
3] The Deputy Director Education,
Officer(Primary),Zilla
Parishad,Latur,Dist.Latur.
4] The Education Officer (Primary),
Zilla Parishad,Latur.
5] Shivchatrapati Shikshan Sanstha, ... Respondents
Latur through its Secretary,
Adv.Narayanrao Patil
near Taki Murud Road,Latur.
6. Gnyanoba More Primary School,
Latur,Dist.Latur,through its Head
Master.
WITH
7)WRIT PETITION NO.162 of 2015
1] Nitin S/o Madhukar Ugile,
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Age:27 years,Occu.Service as a
Shikshan Sevak
Shri Vidhya Saraswati Prathmik
Vidyalya,Sushiladevi Nagar,Latur,
Tq.& Dist.Latur.
2] Shadul S/o Jilani Pinjari,
Age:27 years,Occu.Service as a
Shikshan Sevak,
Shri Vidya Saraswati Prathmik
Vidyalaya,Sushiladevi Nagar,Latur,
Tq.& Dist.Latur.
3] Sou.Supriya W/o Madhukar Mandale,
Age: 26 years,Occu.Service as a
Shikshan Sevak
Shri Vidya Saraswati Prathmik
Vidyalaya,Sushiladevi Nagar,Latur,
Tq.& Dist.Latur.
4] Sou.Vijayalaxmi W/o Vivekanand Jade, ... Petitioners
Age: 27 years,Occu.Service as a
Shikshan Sevak
Shri Vidya Saraswati Prathmik
Vidyalaya,Sushiladevi Nagar,Latur,
Tq.& Dist.Latur.
VERSUS
1] The State of Maharashtra,
Through Secretary School Education
And Sports Department Mantralaya,
Extention Building, Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Deputy Director of Education,
Latur Region,Latur.
4] The Education Officer (Primary)
Zilla Parishad,Latur,
5] Kai.Nivrutinath Shikshan Prasarak
Mandal, through its Secretary
R/o Bhakaskheda,Tq.Udgir
Dist.Latur.
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6] Shri Vidya Saraswati Prathmik ... Respondents
Vidhyalaya,Sushiladevinagar,Latur,Di
st.Latur,
Through its Headmaster.
WITH
8) WRIT PETITION NO.335 of 2015
1] Achyut S/o Chandrakant Shelke,
Age:25 years,OCcu:Service as a
Shikshan Sevak,
R/o Ahmedpur,Tq.Ahmedpur
Dist.Latur. ... Petitioner
VERSUS
1] The State of Maharashtra,
Through Secretary School Education
And Sports Department Mantralaya,
Extention Building, Mumbai-32.
2] The Director of Education
(Primary),Zilla Parishad,Latur,
3] Kisan Shikshan Prasarak Mandal,
Udgir,Tq.Udgir,
Dist.Latur,
through its Secretary.
4] Mahatma Phule Primary School,
Ahmedpur,Tq.Ahmedpur
Dist.Latur.
Through its Headmaster. ... Respondents
WITH
9) WRIT PETITION NO.349 of 2015
1] Mahesh S/o Balaji Kanwate,
Age 26 years, Occ.Service as
Assistant Teacher,Lokmanya Primary
School,Chakur,
Tal.Chakur,District Latur.
2] Shahaji S/o Ganpatrao Mane,
Age 25 years, Occ.Service as
Shikshan Sevak, Lokmanya Primary
School, Chakur,
Tal.Chakur,District Latur.
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3] Krishna S/o Vitthal Zambre,
Age 26 years,Occ.Service as
Assistant Teacher,Lokmanya Primary
School, Chakur,
Tal.Chakur,District Latur.
4] Ganesh S/o Dnyanoba Mane,
Age 30 years,Occ.Service as
Shikshan Sevak,Ramrao Patil Prathmik
vidya Mandir,Handarguli,
Tq.Udgir,District Latur.
5] Shivanand S/o Guruling Swami,
Age 27 years,Occ.As above.
6] Atul S/o Gopalrao Shinde,
Age 34 years, Occ.Service as
Assistant Teacher, Lal Bahadur Shastri
Primary School,Shivaji Nagar,Hadga
Raod,Nilanga,
Tal.Nilanga,District Latur.
7] Mahesh S/o Prakashrao Shinde,
Age 26 years,Occ.Service as Shikshan
Sevak, Lal Bahadur Shastri Primary
School,Shivaji Nagar,Hadga
Raod,Nilanga,
Tal.Nilanga,District Latur.
8] Digambar S/o Sanjeev Thete,
Age 32 years,Occ.Service as
Lal Bahadur Shastri Primary
School,Shivaji Nagar,Hadga
Raod,Nilanga,
Tal.Nilanga,District Latur.
9] Namdeo S/o Babu Kurmude,
Age 27 years,Occ.Service as
Shikshan Sevak,Lal Bahadur Shastri
Primary School,Shivaji Nagar,Hadga
Raod,Nilanga,
Tal.Nilanga,District Latur.
10] Amit S/o Mallikarjun Doke,
Age 28 years,Occ.Service as
Shikshan Sevak,Lal Bahadur Shastri
Primary School,Shivaji Nagar,Hadga
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Raod,Nilanga,
Tal.Nilanga,District Latur.
11] Sayyed Ajaj Ahmed Turabali,
Age 30 years,Occ.Service as
Shikshan Sevak,Yashwantrao Chavan
Prathmik Vidyalaya,Chakur,
Dist.Latur.
12] Vanita Govindrao Mundkar,
Age 28 years,Occ.Service as Assistant
Teacher,Vimlabai Deshmukh Girls
Primary School, Ahmedpur,
Tal.Ahmedpur,District Latur.
13] Gajanan S/o Madhavrao Dhase Patil,
Age 28 years,Occ.Service as Shikshan
Sevak,Nutan Marathi Primary
School,Ahmedpur,
Tal.Ahmedpur,Dist.Latur.
14] Pradip S/o suryakantrao Biradar,
Age 25 years,Occ.Service as
Shikshan Sevak, Shri Datta Prathmik
Vidya Mandir,Datta Nagar,Udgir,
Tal.Udgir,District Latur.
15] Sudhir S/o Hanmantrao Wadikar,
Age 24 years,Occ.Service as
Shikshan Sevak, Shri Datta Prathmik
Vidya Mandir,Datta Nagar,Udgir,
Tal.Udgir,District Latur.
16] Dnyanoba S/o Manohar Dongre,
Age 26 years, Occ.Service as Shikshan
Sevak,Uday Primary
School,Udgir,Tal.Udgir,
Tal.Udgir,District Latur.
17] Amol S/o Manhanrao Kamble,
Age 26 years, Occ.Service as
Shikshan Sevak, Uday Primary
School,Udgir,Tal.Udgir,Dist. Latur.
18] Devidas S/o Talshiram Kamble,
Age 28 years,Occ.Service as
Shikshan Sevak,Uday Primary
School,Udgir,Tal Udgir,Dist. Latur.
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19] Muktabai Ashok Patwari,
Age 27 years,Occ.Service as
Shikshan Sevak, Uday Primary
School,Udgir,Tal.Udgir,Dist. Latur.
20] Kiran S/o Arjunrao Kallurkar,
Age 26 years, Occ.Service as
Shikshan Sevak,Maharashtra
Primary School,Majage Nagar,
Latur, Tal.& Dist.Latur.
21] Mangesh S/o Kamlakar Suryawanshi,
Age 25 years,Occ.Service as
Shikshan Sevak,Maharashtra
Primary School,Majage Nagar,
Latur, Tal. & Dist.Latur.
22] Uddhav S/o Vitthalrao Chame,
Age 28 years,Occ.Service as
Shikshan Sevak,Maharashtra
Primary School,Majage Nagar,
Latur,Tal.& Dist.Latur.
23] Gajanan S/o Vijaykumar Shelke,
Age 27 years, Occ.Service as
Shikshan Sevak,Maharashtra Primary
School,Majage Nagar,
Latur, Tal.& Dist.Latur.
24] Pramod S/o Gurunath Bhanji,
Age 24 years,Occ.Service as
Shikshan Sevak, Mahesh
Prathmik Vidyamandir, Udgir,
Tal.Udgir,District Latur.
25] Gangadhar S/o Vitthalrao Pichare
Age 27 years,Occ.Service as
Shikshan Sevak,Mahesh
Prathmik Viyamandir,Udgir,
Tal.Udgir,District Latur.
26] Shripad S/o Shashikant Hemalbkar,
Age 26 years,Occ.Service as
Shikshan Sevak,Sardar Vallabhbhai
Patel Primary School,Udgir,
Tal.Udgir,District Latur. ... Petitioners
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VERSUS
1] The State of Maharashtra,
Through its Secretary, School
Education And Sports Department
Mantralaya, Mumbai-32.
2] The Director of Education
Maharashtra State,Pune.
3] The Deputy Director of Education,
Latur Division, Latur.
4] TheEducation Officer (Primary), Zilla
Parishad,Latur.
5] Lokmanya Charitable Trust, Ahmedpur
Tal.Ahmedpur,Dist.Latur,
Through its Secretary.
6] Lokmanya Primary School,Chakur,
Tal.Chakur,District Latur,
Through its Headmaster.
7] Kai.Shri Narayanrao Patil Shikshan
Prasarak Mandal, Handarguli,
Tal.Udgir, District Latur. Through its
Secretary.
8] Ramrao Patil Prathmik Vidyamandir,
Handarguli,Tal.Udgir,Dist.Latur,
Through its Headmaster.
9] Lal Bahadur Shastri Mission,
Shivaji Nagar,Hadaga Raod,
Nilanga,Tal.Nilanga,Dist.Latur,
Through its Secretary.
10] Lal Bahadur Shastri Primary School,
Shivaji Nagar,Hadaga Raod,
Nilanga,Tal.Nilanga,Dist.Latur,
Through its Headmaster.
11] Dr.Zakir Hussen Shikshan Prasarak
Mandal,Chakur,Tal.Chakur,Dist.Latur
Through its Secretary.
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12] Yashwantrao Chavan Prathmik Vidyalaya
Chakur, Tal. Chakur, Dist.Latur,
Through its Secretary.
13] Lokayat Shikshan Sanstha,Ahmedpur,
Tal.Ahmedpur,District Latur,
Through its Secretary.
14] Vimlabai Deshmukh Girls Primary
School,Ahmedpur, Tal.Ahmedpur,
Dist.Latur,through its Headmaster.
15] Lokayat Charitable Trust, Ahmedpur,
Tal.Ahmedpur,Dist.Latur,
Through its Secretary.
16] Nutan Marathi Primary School,
Ahmedpur,Tal.Ahmedpur,Dist.Latur,
Through its Headmaster.
17] Shri Gajanan Maharaj Shikshan
Sanstha ,Udgir,Tal.Udgir,Dist. Latur,
Through its Secretary.
18] Shri Datta Prathmik Vidyamandir,
Datta Nagar, Udgir, Tal. Udgir, Dist.
Latur, Through its Headmaster.
19] Champavati Shikshan Prasarak Mandal,
Chapoli, Tal.Chakur, Dist. Latur,
Through its Secretary.
20] Uday Primary School,Udgir,
Tal.Udgir,Dist.Latur,
Through its Headmaster.
21] Janta Shikshan Prasarak Mandal,
Kavha,Tal.& Dist.Latur,Through its
Secretary.
22] Maharashtra Primary School,
Majage Nagar, Latur, Tal.& Dist.
Latur, Through its Headmaster.
23] Mahesh Shikshan Prasarak Mandal,
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Udgir, Tal.Udgir, Dist.Latur,
Through its Secretary.
24] Mahesh Prathmik Vidyamandir,Udgir,
Tal.Udgir,District Latur,
Through its Secretary.
25] Mahesh Dnyan Vikas Mandal,
Latur,Tal & District Latur,
Through its Secretary.
26] Sardar Vallabhbhai Patel Primary ...
School,Udgir, Tal.Udgir,Dist Latur, Respondents
Through its Headmaster.
WITH
10) WRIT PETITION NO.4244 of 2016
1] Parmeshwar S/o Manohar Rupnawar
Age:30 years,Occ.Service,
R/o Sharda Nagar, "Kore Niwas",
Ambajogai Raod,Latur,
Tq.& Dist.Latur. ... Petitioner.
VERSUS
1] The State of Maharashtra,
Through its Secretary,School
Education & Sports Department
Mantralaya, Extention Building,
Mumbai.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Deputy Director of Education,
Latur Region,Latur.
4] The Education Officer (Primary),
Zilla Parishad,Latur,
Distric: Latur.
5] Kai.Nivrutinath Shikshan Prasarak
Mandal, through its Secretary
R/o Bhakaskheda,Tq.Udgir
Dist.Latur.
6] Shri Vidya Saraswati Prathmik ... Respondents
Vidhyalaya,Sushiladevinagar,
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Latur,Dist.Latur,
Through its Headmaster.
WITH
11) WRIT PETITION NO.10967 of 2015
1] Pranita Pralhadrao Dudde,
Age-25 years,Occu.Assistant Teacher,
Tulshiram Shinde Prathmik Vidyalaya,
Vitthalnagar,Khani vibhag,Latur, Tq & ... Petitioner
Dist.Latur.
VERSUS
1] The State of Maharashtra,
Through Secretary School Education &
Sports Department, Mantralaya,
Mumbai.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Eduction Officer(Primary),
Zilla Parishad,Latur.
4] Ramchandra Dnyan Prasarak Shikshan
Sanstha,Ambulga(Bk),Tq.Nilanga,
Dist.Latur, Through its Secretary.
5] Tulshiram Shinde Prathmik Vidyalaya,
Vitthalnagar,Khani Vibhag, Latur,
Through its Head Master.
... Respondents
WITH
12) WRIT PETITION NO.7853 of 2015
1] Balvikas Shikshan Prasarak
Mandal,Latur, Tq.& Dist.Latur,
Through: its Secretary.
2] Saraswati Prathmik Vidyamandir,
Prakashnagar,Latur, Dist.Latur,
Through its Headmaster. ... Petitioner
VERSUS
1] The State of Maharashtra,
Through The Secretary School
Education & Sports Department,
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Mantralaya,Mumbai.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Eduction Officer(Primary),
Zilla Parishad,Latur. ... Respondents
WITH
13) WRIT PETITION NO.7852 of 2015
1] Ambika Bahuuddeshiya Mahila Mandal,
Rohina, Tq.Chakur,Dist.Latur,
Through: its Secretary.
2] Tuljabhavani Prathmik Viyamandir,
Sant Dnyaneshwar Nagar,Latur,
Tq & Dist.Latur, ... Petitioners
Through its Headmaster.
VERSUS
1] The State of Maharashtra,
Through The Secretary School
Education & Sports Department,
Mantralaya,Mumbai.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Eduction Officer(Primary),
Zilla Parishad,Latur. ... Respondents
WITH
14) WRIT PETITION NO.7851 of 2015
1] Kendre Charitable Trust, Latur,
Tq.& Dist.Latur,
Through its Secretary.
2] Rajmata Jijamata Prathmik
Vidyamandir,
Shivnagar, Latur,Tq.& Dist.Latur, ... Petitioners
Through its Head Master.
VERSUS
1] The State of Maharashtra,
Through:The Secretary School
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Education & Sports Department,
Mantralaya,Extension Building,
Mumbai.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Eduction Officer(Primary),
Zilla Parishad,Latur,Dist.Latur. ... Respondents
WITH
15) WRIT PETITION NO.7749 of 2015
1] Shri Gajanan Maharaj Shikshan Sanstha
Udgir,
Tq.Udgir,Dist.Latur,
Through: its Secretary,
Uttam S/o Dattatray Potdar,
Age 64 years,Occu.Secretary,R/o
Panchal Colony, Nanded Naka,
Udgir,Tq.Udgir,Dist.Latur.
2] Shri Datta Prathmik Vidyamandir,
Dattanagar, Udgir,Tq.Udgir,
District Latur, ... Petitioners
Through its Headmistress.
VERSUS
1] The State of Maharashtra,
Through:The Secretary School
Education & Sports Department,
Mantralaya,Extension Building,
Mumbai.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Eduction Officer(Primary),
Zilla Parishad,Latur,Dist.Latur. ... Respondents
WITH
16) WRIT PETITION NO.7229 of 2015
1] Trambakeshwar Shikshan Prasarak
Mandal,Latur
Through its Secretary,
Sanjay Bhagwanrao Suryawanshi,
Age:42,Occ.Service,
R/o Narayan Nagar,Near Banty
Niwas,Latur.
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2] The Head Master,
Shri Sai Prathmik Vidyalaya,
Sai Raod,Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through:The Secretary School
Education & Sports Department,
Mantralaya,Extension Building,
Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Deputy Director of Education,
Latur Region,Latur.
4] The Eduction Officer(Primary),
Zilla Parishad,Latur,Dist.Latur. ... Respondents
WITH
17) WRIT PETITION NO.5406 of 2015
1] Satish S/o Baburao Dhage,
Age 28 years,Occ.Assistant Teacher,
Tulshiram Shinde Prathmik Vidyalaya,
Vitthalnagar, Khani Vibhag,Latur, Tq
& Dist.Latur.
... Petitioner
VERSUS
1] The State of Maharashtra,
Through:The Secretary School
Education & Sports Department,
Mantralaya,Extension Building,
Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Eduction Officer(Primary),
Zilla Parishad,Latur,Dist.Latur.
4] Ramchandra Dnyan Prasarak Shikshan
Sanstha,Ambulga(Bk)
Tq.Nilanga,Dist.Latur,
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Through its Secretary.
5] Tulshiram Shinde Prathmik Vidyalaya,
Vitthalnagar, Khani Vibhag,Latur,
Through its Head Master.
... Respondents
WITH
18) WRIT PETITION NO.2912 of 2015
1] Balu S/o Gangadhar Magar,
Age: 34 years,Occ.Service
As a Assistant Teacher,
R/o Her,Tq.Udgir,Dust.Latur. ... Petitioner
2] Pralhad S/o Balaji Panhale,
Age: 28 years,Occ.Service
As a Assistant Teacher,
R/o S.T.Colony Nalegaon
Raod,Udgir,Tq.Udgir,
Dist.Latur.
3] Nagnath S/o Venkat Chame
Age:24 years,Occ.Service
As a Assistant Teacher,
R/o L.I.C.Office Vikas Nagar,
Degloor Raod,Udgir,Tq.Udgir,
Dist.Latur.
4] Smt.Reshma S/o Umakant Malwade,
Age:26 years,Occ.Service
As a Assistant Teacher,R/o
Togri,Udgir,Tq.Udgir,
Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through:The Secretary School
Education & Sports Department,
Mantralaya, Extension Building,
Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Eduction Officer(Primary),
Zilla Parishad,Latur,Dist.Latur.
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4] Shri Gurulingeshwar Public
Education Society,Deoni,
Tq.Deoni,Dist.Latur
Through its Secretary.
5] Shri Yogeshwari Devi Primary
School,Deoni,Tq.Deoni,
Dist.Latur.
Through its Head Master. ... Respondents
WITH
19) WRIT PETITION NO.2446 of 2015
1] Smt.Saraswati Sambhajirao Shinde,
Age:24 years,Occ.Service
R/o Udgir,Tq.Udgir Dist.Latur.
2] Smt.Asha Shivajirao Patil,
Age:30 years,Occu:Service,
R/o Udgir,Tq.Udgir, Dist.Latur.
3] Mahesh S/o Digambar Mathpati,
Age:25 years, Occu:Service,
R/o Udgir,Tq.Udgir Dist.Latur.
4] Balaji S/o Nagorao Sherikar
Age:27 years,Occu.Service
R/o Udgir,Tq.UdgirDist.Latur.
5] Bhaskar S/o Venkatrao Patil,
Age:28 years,Occu:Service
R/o Udgir,Tq.Udgir, Dist.Latur
6 Smt.Varsharani Hanmantrao Bhate
Age:26 years,Occu.Service,
R/o Udgir,Tq.Udgir, Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through:The Secretary School
Education & Sports Department,
Mantralaya,Extension Building,
Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,
Pune-1.
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3] The Deputy Director of Education
Latur Region,Latur.
4] The Education Officer(Primary)
Zilla Parishad,Latur, Dist.Latur.
5] Kisan Shikshan Prasarak Mandal,
Udgir,Tq.Udgir, Dist.Latur.
Through the Secretary.
6] Vidyavardhini Prathmik Vidyalaya,
Udgir,Tq.Udgir,Dist.Latur,
through its Headmaster. ... Respondents
WITH
20) WRIT PETITION NO.1392 of 2015
1] Yogvashishth Shikshan Prasarak Mandal,
Latur Through its Secretary.
2] Shriman Yogi Primary School,
Prakash Nagar, Latur,
through its Headmaster
Ramdas S/o Goroba Pawar,
Age 56 years, Occ.Service,
R/o Vaibhav Nagar,Latur ... Petitioners
Tq.& Dist.Latur.
VERSUS
1] The State of Maharashtra,
Through:The Secretary School Education
& Sports Department,
Mantralaya,Extension Building,
Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Deputy Director of Education,
Latur Region,Latur.
4] The Education Officer(Primary), ... RespondentS
Zilla Parishad,Latur,Dist.Latur.
WITH
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21) WRIT PETITION NO.1387 of 2015
1] Santosh S/o Mahadeo Suryawanshi
Age:30 years,Occu.Service,
R/o C/o Kulswamini Primary School,
Dadoji Konddeo Nagar,
Raghvendra Colony,Latur,
Tq.Dist.Latur.
2] Archana D/o Gangaram Sagar
Age:28 years,Occu.Service,
R/o C/o Kulswamini Primary School,
Dadoji Konddeo Nagar,
Raghvendra Colony,Latur,
Tq.Dist.Latur.
3] Rajendra S.o Rohidas Waghmare
Age:30 years,Occu.Service,
R/o. C/o Kulswamini Primary School,
Dadoji Konddeo Nagar,
Raghvendra Colony,Latur,
Tq.Dist.Latur.
4] Ajit S/o Angadrao Kendre
Age: 30 years,Occu.Service,
R/o. C/o Kulswamini Primary School,
Dadoji Konddeo Nagar,
Raghvendra Colony,Latur,
Tq.Dist.Latur.
5] Kanta d/o Vitthal Kadam,
Age:29 years,Occu.Service,
R/o. C/o Kulswamini Primary School,
Dadoji Konddeo Nagar,
Raghvendra Colony,Latur,
Tq.Dist.Latur.
6] Usha d/o Ram Reddy,
Age:28 years,Occu.Service,
R/o. C/o Kulswamini Primary School,
Dadoji Konddeo Nagar,
Raghvendra Colony,Latur,
Tq.Dist.Latur.
7] Sadashiv S/o Narsing Jadhav
Age:29 years,OCcu.Service,
R/o. C/o Kulswamini Primary School,
Dadoji Konddeo Nagar,
Raghvendra Colony,Latur,
Tq.Dist.Latur.
8] Sheetal d/o Dnyanoba Bhandare,
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Age:28 years,Occu.Service,
R/o. C/o Kulswamini Primary School,
Dadoji Konddeo Nagar,
Raghvendra Colony,Latur,
Tq.Dist.Latur. ... Petitioners.
VERSUS
1] The State of Maharashtra,
Through:The Secretary School Education
& Sports Department,
Mantralaya,Extension Building,
Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Deputy Director of Education,
Latur Region,Latur.
4] The Education Officer(Primary),
Zilla Parishad,Latur,Dist.Latur.
5] Abhinav Bahuuddeshiya Shikshan
Prasarak Mandal,Narayan Nagar,Latur
Through its Secretary,
Tq.Dist.Latur.
6] Kulswamini Primary School,
Dadoji Konddeo Nagar
Raghvendra Colony,Latur,
Tq.Dist.Latur.
Through its Headmaster. ... Respondents
WITH
22)WRIT PETITION NO.1221 of 2015
1] Kishor S/o Ramrao Shendge,
Age 33 years,Occ.Service as
Shikshan Sevak,Samaj Jagruti
Primary School,Murud,
Tal. and District Latur.
2] Sandeep S/o Madhavrao Shendge,
Age 28 years,Occ.Service as
Shikshan Sevak,Samaj Jagruti
Primary School,Murud,
Tal. and District Latur.
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3] Dharmaraj S/o Baburao Somwanshi,
Age 31 years,Occ.Service as
Shikshan Sevak,Samaj Jagruti
Primary School,Murud,
Tal. and District Latur. ... Petitioners
7] Sadashiv S/o Narsing Jadhav
Age:29 years,OCcu.Service,
R/o. C/o Kulswamini Primary School,
Dadoji Konddeo Nagar,
Raghvendra Colony,Latur,
Tq.Dist.Latur.
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department,
Mantralaya,Extension Building,
Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Deputy Director of Education,
Latur Division,Latur.
4] The Eduction Officer(Primary),
Zilla Parishad,Latur.
5] Samaj Jagruti Shikshan Sanstha,
Murud,Tal.& District Latur,
Through its Secretary.
6] Samaj Jagruti Primary School,
Muruk,Tal. And District Latur,
Through its Headmaster. ... Respondents
WITH
23) WRIT PETITION NO.1008 of 2015
1] Bapurao S/o Umakant Raiphale,
Age:28 years,Occu.Service as
Assistant Teacher in Nutan Marathi
Primary School,Ahmedpur,
Tq:Ahmedpur,Dist.Latur. ... Petitioner
VERSUS
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1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department,
Mantralaya,Extension Building,
Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Deputy Director of Education,
Latur Division,Latur.
4] The Eduction Officer(Primary),
Zilla Parishad, Latur.
5] Lokayat Charitable Trust,
Ahmedpur,Tq.Ahmedpur,
Dist:Latur,through its Secretary.
6] Nutan Marathi Primary School,
Ahmedpur,Tq.Ahmedpur,
Dist:Latur,through its ... Respondents
Headmaster.
WITH
24) WRIT PETITION NO.775 of 2015
1] Smt.Ranjana d/o Manohar Kadam,
Age:34 years,Occu.Service as a
Assistant Teacher , Shri Mahesh
Prathmik Vidyamandir, Shirur-
Tajband,Tq.Ahmedpur, Dist.Latur.
2] Smt.Gangasagar Umakant Davangave,
Age:30 years,Occu.Service as a
Assistant Teacher, Shri Mahesh
Prathmik Vidyamandir, Shirur-
Tajband,Tq.Ahmedpur, Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department,
Mantralaya,Extension Building,
Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,Pune.
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3] The Deputy Director of Education,
Latur Region,Latur.
4] The Eduction Officer(Primary),
Zilla Parishad,Latur.
5] Mahesh Shikshan Sanstha,
through its Secretary,
R/o Shirur Tajband,Tq.Ahmedpur,
Dist.Latur.
6] Shri Mahesh Prathmik Vidyamandir,
Shirur Tajband, Tq.Ahmedpur,
Dist. Latur,Through its Headmaster. ... Respondents
WITH
25) WRIT PETITION NO.567 of 2015
1] Adarsh Jivan Shikshan Prasarak Mandal
through its Secretary,
Rajendra S/o Ramchandra Indrale,
Age:52 years,Occu.Social Work
R/o Nathnagar,Latur,Dist.Latur.
2] Janata Primary School,
Nathnagar,Latur,Dist.Latur,
Through its Headmaster.
3] Raghuvir Primary School,
Anjalinagar,Latur,Dist.Latur,
Through its Headmaster. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department,
Mantralaya,Extension Building,
Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Deputy Director of Education,
Latur Region,Latur.
4] The Eduction Officer(Primary),
Zilla Parishad,Latur,Dist.Latur. ... Respondents
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WITH
26) WRIT PETITION NO.508 of 2015
1] Abhinav Bahuuddeshiya Shikshan
Prasarak Mandal,Narayan Nagar,Latur,
through its Secretary,
Padmakar Govindrao Mogarge,
Age:55 years,Occu.Service,
R/o Narayan Nagar,Latur,
2] Kulswamini Primary School,
Dadoji Konddeo Nagar, Raghvendra
Colony,Latur, Tq.Dist.Latur,
Through its Headmaster. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department,
Mantralaya,Extension Building,
Mumbai-32.
2] The Director of Education
(Primary),Maharashtra State,Pune.
3] The Deputy Director of Education,
Latur Region,Latur.
4] The Eduction Officer(Primary),
Zilla Parishad,Latur,Dist.Latur. ... Respondents
WITH
27) CONTEMPT PETITION NO. 560/2015
IN
WRIT PETITION NO.4824 of 2013
1] Sabka Malik Ek Education Society,
Through its Secretary,
Lohar Galli,Nehru Chowk,Paithan,
Dist.Aurangabad. ... Petitioner
VERSUS
1] R.S.Moghal,
Age : Major,Occu.Service as
Education Officer (Primary)
Zilla Parishad,Aurangabad.
2] M.K.Deshmukh,
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Age Major,Occu.Service as
Education Officer (Primary),
Zilla Parishad,Aurangabad.
3] Nitin M.Ujpasani,
Age Major,Occu.Service as
Education Officer(Primary), ... Respondents
Zilla Parishad,Nashik.
WITH
28) WRIT PETITION NO.441 of 2015
1] Kisan Shikshan Prasarak Mandal,
Udgir,Tq.Udgir,Dist.Latur.
Through its Secretary
Chandrapal S/o Parbatrao Patil,
Age:75 years,Occu.Social Work
R/o Shivaji Housing Society,Udgir,
Tq.Udgir,Dist.Latur.
2] Mahatma Phule Primary School,
Ahmedpur,Tq.Ahmedpur
Dist.Latur.
Through its Headmaster ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department,
Mantralaya,Mumbai-32.
2] The Director of Education (Primary)
Maharashtra State, Pune.
3] The Deputy Director of Education,
Latur Region,Latur.
4] The Education Officer(Primary),
Zilla Parishad,Latur ... Respondents
Dist.Latur.
WITH
29) CONTEMPT PETITION NO.489 OF 2014
IN
WRIT PETITION NO.711 OF 2014
1] Mahesh S/o Balaji Kanwate,
Age 26 years,Occu.Service as
Assistant Teacher,Lokmanya
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Primary School,Chakur,
Tal.Chakur, District Latur.
2] Krishna S/o Vitthal Zambre,
Age 26 years, Occ.Service as
Assistant Teacher,Lokmanya
Primary School,Chakur,
Tal.Chakur, District Latur.
3] Shahaji S/o Ganpatrao Mane,
Age 25 years, Occ.Service as
Shikshan Sevak,Lokmanya
Primary School,Chakur,
Tal.Chakur, District Latur. ... Petitioners
VERSUS
1] Shri Sanjaykumar Rathod,
The Education Officer(Primary),
Zilla Parishad, Latur. ... Respondent
WITH
30) WRIT PETITION NO.6586 of 2014
1] Anjana D/o Prabhakar Mali,
Age 30 years, Occu:Service,
As Assistant Teacher,
R/o Shri Primary School,
Vaibhav Nagar,Latur, ... Petitioner
Tq.& Dist.Latur.
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,
Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Beed.
4] Dnyandan Shikshan Prasarak Mandal,
Vaibhav Nagar(Khani Vibhag),
Latur,Tq.& Dist.Latur,
Through its Secretary.
5] Shri Primary School,
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Vaibhav Nagar,Latur,
Tq.& Dist.Latur,
Through its Head Master. ... Respondents
WITH
31) WRIT PETITION NO.9416 of 2014
1] Shukracharya S/o Vasant Chole,
Age 27 years,Occu.Assistant Teacher,
Vidyavikas Prathmik
Vidyalaya,Shrinagar,
Latur,Tq.& Dist.Latur. ... Petitioner
2] Jyoti Annarao Somwanshi,
Age 25 years, Occu.Assistant Teacher,
Vidyavikas Prathmik Vidyalaya,
Shrinagar,
Latur,Tq.&Dist.Latur.
3] Sunil S/o Balaji Mundhe,
Age 24 years,Occu.Assistant Teacher,
Vidyavikas Prathmik Vidyalaya,
Shrinagar, Latur,Tq.Dist.Latur.
... Petitioner
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,
Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Shri Dnyansampada Shikshan Prasarak
Mandal,Shrinagar, Latur,
Through its Secretary.
5] Vidyavikas Prathmik Vidyalaya,
Shrinagar,Latur,
Through its Head Master.
... Respondents
WITH
32) WRIT PETITION NO.9417 of 2014
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1] Nitin S/o Madhukar Ugile,
Age:27 years,Occu.Assistant
Teacher,Shri Vidyasarswati Prathmik
Vidyalaya,Latur,Tq.& Dist.Latur.
2] Supriya Madhukar Madale,
Age:25 years,Occu.Assistant Teacher,
Shri Vidyasarswati Prathmik Vidyalaya,
Latur,Tq.&Dist.Latur.
3] Pinjari Shadul Jilani,
Age -26 years,Occu.Assistant Teacher,
Shri Vidyasarswati Prathmik Vidyalaya,
Latur,Tq.&Dist.Latur.
4] Vijaylaxmi Vivekanand Jade,
Age 24 years, Occu.Assistant Teacher,
Shri Vidyasarswati Prathmik Vidyalaya,
Latur,Tq.&Dist.Latur.
5] Parmeshwar S/o Manohar Rupnawar,
Age:27 years,Occu.Assistant Teacher,
Shri Vidyasarswati Prathmik Vidyalaya,
Latur,Tq.&Dist.Latur.
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department,
Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Kai.Nivruttinath Shikshan Prasarak
Mandal, Bhakaskheda,Tq.Udgir, Dist.
Latur, Through its Secretary.
5] Shri Vidyasarswati Prathmik Vidyalaya,
Latur, Tq.& Dist.Latur,
Through its Head Master. ... Respondents
WITH
33) WRIT PETITION NO.9418 of 2014
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1] Pradeep S/o Baburao Dhamangave,
Age 27 years, Occu.Assistant Teacher,
Chhatrapati Shivaji Prathmik Shala,
Latur,Tq.&Dist Latur.
2] Sayyed Azim Mustafa,
Age 26 years, Occu.Assistant Teacher,
Chhatrapati Shivaji Prathmik Shala,
Latur,Tq.& Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,
Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Prerna Shikshan Prasarak Mandal,
Shivani Lucktanda, Chaudharinagar,
Latur,Tq.& Dist.Latur.
Through its Secretary.
5] Chhatrapati Shivaji Prathmik Shala,
Chaudharinagar,Latur,
Tq.& Dist.Latur,
Through its Headmaster. ... Respondents
WITH
34) WRIT PETITION NO.9419 of 2014
1] Sanjay S/o Vishwanath Talkute,
Age 27 years,Occu.Assistant Teacher,
Sant Dnyaneshwar Prathmik Vidyamandir,
Ahmedpur,Tq.Ahmedpur,
District: Latur.
2] Manoj S/o Manikrao Barole,
Age 30 years,Occu.Assistant Teacher,
Sant Dnyaneshwar Prathmik Vidyamandir,
Ahmedpur,Tq.Ahmedpur,
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District: Latur. ... Petitioners
3] Shankar S/o Manikrao Devkate,
Age 27 years,Occu.Assistant Teacher,
Sant Dnyaneshwar Prathmik Vidyamandir,
Ahmedpur,Tq.Ahmedpur,
District: Latur.
4] Madhukar S/o Narayanrao Gopnar,
Age 30 years,Occu.Assistant Teacher,
Sant Dnyaneshwar Prathmik Vidyamandir,
Ahmedpur,Tq.Ahmedpur,
Dist.Latur.
5] Shaikh Rubina Shadul Hussain,
Age 24 years,Occu.Assistant Teacher,
Sant Dnyaneshwar Prathmik Vidyamandir,
Ahmedpur,Tq.Ahmedpur,
District: Latur.
6] Satyawan S/o Ramrao Sarole,
Age 29 years,Occu.Assistant Teacher,
Sant Dnyaneshwar Prathmik
Vidyamandir,Ahmedpur,Tq.Ahmedpur,
District: Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Shri Ganesh Shikshan Prasarak Mandal,
Ahmedpur,Tq.Ahmedpur,Dist.Latur
Through its Secretary.
5] Sant Dnyaneshwar Prathmik Vidyamandir
Ahmedpur,Tq.Ahmedpur,Dist.Latur.
Through its Headmaster. ... Respondents
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WITH
35) WRIT PETITION NO.9420 of 2014
1] Momin Vasimraja Dadamiyan,
Age 30 years,Occu.Assistant Teacher,
H.P.Urdu Primary School,Chaudharinagar,
Latur,Tq.& Dist.Latur
... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education &
Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] National Education Society,Latur,
Through its Secretary.
5] H.P. Urdu Primary School,
Chaurhdarinagar, Latur,
Through its Headmaster.
... Respondents
WITH
36) WRIT PETITION NO.9421 of 2014
1] Syed Ibrahim Syed Fatrusab,
Age 26 years,Occu.Assistant Teacher,
Dr.Zakir Hussain Marathi Primary
School,Kolhenagar, Latur,
Tq.& Dist.Latur.
2] Syed Saifullah Azamattullah
Age 33 years,Occu.Assistant Teacher,
Dr.Zakir Hussain Marathi Primary
School,Kolhenagar, Latur,
Tq.& Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education &
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Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Rashtra Jagruti Bahuuddeshiy Vikas
Sanstha, Kolhenagar, Latur,
Through its Secretary.
5] Dr.Zakir Hussain Marathi Primay School,
Kolhenagar, Latur,Tq.& Dist.Latur,
Through its Head Master.
... Respondents
WITH
37) WRIT PETITION NO.9423 of 2014
1] Nitin S/o Mahadeo Gadale,
Age 30 years, Occu.Assistant Teacher,
Vidyavikas Prathmik Vidyalaya,
Shrinagar, Latur,
Tq.& Dist.Latur.
2] Avinash S/o Mohanrao Rubade,
Age 31 years, Occu.Assistant Teacher,
Vidyavikas Prathmik Vidyalaya,
Shrinagar,Latur,Tq.& Dist.Latur.
3] Mangesh S/o Dhondiram Mansinge,
Age 28 years,Occu.Assistant Teacher,
Vidyavikas Prathmik Vidyalaya,
Shrinagar,Latur.
Tq.& Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education &
Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
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4] Shri Dnyansampada Shikshan Prasarak
Mandal,Shrinagar,Latur.
Through its Secretary.
5] Vidyavikas Prathmik Vidyalaya,
Shrinagar,Latur,Tq.&Dist Latur,
Through its Headmaster.
... Respondents
WITH
38) WRIT PETITION NO.9424 of 2014
1] Ranjitkumar S/o Kashinath Koyale,
Age 28 yers,Occu.Assistant Teacher,
Samaj Jagruti Prathmik Vidyalaya,
Murud,Tq.& Dist.Latur. ... Petitioner
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education &
Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Samaj Jagruti Shikshan Sanstha,
Murud,Tq.and Dist.Latur,
Through its Secretary.
5] Samaj Jagruti Prathmik Shala,
Murud,Tq.&Dist Latur,
Through its Headmaster.
... Respondents
WITH
39) WRIT PETITION NO.9425 of 2014
1] Pradeep S/o Limbraj Patil,
Age 27 years, Occu.Assistant Teacher,
Sarswati Prathmik
Vidyamandir,Prakashnagar, ... Petitioner
Latur,Tq.& Dist.Latur.
2] Jayanti Subhas Satpute,
Age 28 years, Occu.Assistant Teacher,
Sarswati Prathmik
Vidyamandir,Prakashnagar,
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Latur,Tq.& Dist.Latur.
3] Varsharani Giridharrao Jadhav,
Age 26 years, Occu.Assistant Teacher,
Sarswati Prathmik
Vidyamandir,Prakashnagar,
Latur,Tq.& Dist.Latur.
4] Rahul S/o Sudhakar Patil,
Age 29 years, Occu.Assistant Teacher,
Sarswati Prathmik
Vidyamandir,Prakashnagar,
Latur,Tq.& Dist.Latur.
5] Dayanand S/o Arjunrao Suryawanshi,
Age 26 years, Occu.Assistant Teacher,
Sarswati Prathmik
Vidyamandir,Prakashnagar,
Latur,Tq.& Dist.Latur.
6] Malti Ganesh Giri,
Age 24 years, Occu.Assistant Teacher,
Sarswati Prathmik
Vidyamandir,Prakashnagar,
Latur,Tq.& Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education &
Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Balvikas Shikshan Prasarak Mandal,
Latur,Tq.& Dist.Latur
Through its Secretary.
5] Sarswati Prathmik Vidyamandir,
Prakashnagar, Latur,Tq.& Dist.Latur
Through its Headmaster. ... Respondents
WITH
40) WRIT PETITION NO.9426 of 2014
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1] Anjali Rajendra Indrale,
Age 27 years,Occu.Assistant Teacher,
Janta Prathmik Vidyamandir,
Nathnagar,Latur,Tq.& Dist.Latur.
2] Anita Babureddy Guje,
Age 31 years,Occu.Assistant Teacher,
Janta Prathmik Vidyamandir,
Nathnagar,Latur,Tq.& Dist.Latur.
3] Ashwini Namdeo Ugile,
Age 28 years,Occu.Assistant Teacher,
Janta Prathmik Vidyamandir,
Nathnagar,Latur,Tq.& Dist.Latur.
4] Narhari S/o Baburao Chopade,
Age 29 years,Occu.Assistant Teacher,
Janta Prathmik Vidyamandir,
Nathnagar,Latur,Tq.& Dist.Latur.
5] Sheetal Vitthalrao Biradar,
Age 31 years,Occu.Assistant Teacher,
Janta Prathmik Vidyamandir,
Nathnagar,Latur,Tq.& Dist.Latur.
6] Vaishali Vyankatrao Gomare,
Age 30 years,Occu.Assistant Teacher,
Janta Prathmik Vidyamandir,
Nathnagar,Latur,Tq.& Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Adarsha Jivan Prasarak Mandal, Latur
Tq.& Dist.Latur
Through its Secretary.
5] Janta Prathmik Vidyamandir,
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Nathnagar,Latur,
Tq.& Dist.Latur,
Through its Headmaster. ... Respondents
WITH
41) WRIT PETITION NO.9427 of 2014
1] Sangita Vaijnath Dhumale,
Age 33 years,Occu.Assistant Teacher,
Raghuveer Prathmik Vidyamandir,
Anjali Indrale Nagar,Latur,
Tq.& Dist.Latur.
2] Jayshree Sheshrao Gulave,
Age 33 years,Occu.Assistant Teacher,
Raghuveer Prathmik Vidyamandir,
Anjali Indrale Nagar,Latur,
3] Rameshwar S/o Namdeo Chat,
Age 32 years,Occu.Assistant Teacher,
Raghuveer Prathmik Vidyamandir,
Anjali Indrale Nagar,Latur,
Tq.& Dist.Latur.
4] Sudhri S/o Sureshrao Indrale,
Age 28 years,Occu.Assistant Teacher,
Raghuveer Prathmik Vidyamandir,
Anjali Indrale Nagar,Latur,
Tq.& Dist.Latur,
5] Laxman S/o Pandit Indrale,
Age 26 years,Occu.Assistant Teacher,
Raghuveer Prathmik Vidyamandir,
Anjali Indrale Nagar,Latur,
Tq.& Dist.Latur,
6] Ram S/o Gyanoba Malkampatte,
Age 25 years,Occu.Assistant Teacher,
Raghuveer Prathmik Vidyamandir,
Anjali Indrale Nagar,Latur,
Tq.& Dist.Latur. ... Petitioners
7] Balasaheb S/o Dnyanoba Gurme,
Age 34 years,Occu.Assistant Teacher,
Raghuveer Prathmik Vidyamandir,
Anjali Indrale Nagar,Latur,
Tq.& Dist.Latur.
8] Nivrutti S/o Uttamrao Bembade,
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Age 24 years,Occu.Assistant Teacher,
Raghuveer Prathmik Vidyamandir,
Anjali Indrale Nagar,Latur,
Tq.& Dist.Latur,
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Adarsha Jivan Prasarak Mandal, Latur
Tq.& Dist.Latur Through its Secretary
5] Raghuveer Prathmik Vidyamandir,
Anjali Indrale Nagar,Latur,
Tq.& Dist.Latur,
Through its Headmaster. ... Respondents
WITH
42) WRIT PETITION NO.9428 of 2014
1] Sachin S/o Vyankat Giri,
Age 28 years, Occu.Asst Teacher,
Jaihind Prathmik Vidyalaya, Latur, Now
named and styled as Aksharnandan
Prathmik Vidyalaya, Latur
2] Kiran S/o Shamrao Salunke,
Age 22 years, Occu.Asst Teacher,
Jaihind Prathmik Vidyalaya, Latur, Now
named and styled as Aksharnandan
Prathmik Vidyalaya, Latur
3] Maruti S/o Vishnukant Muskawad,
Age 27 years, Occu.Asst Teacher,
Jaihind Prathmik Vidyalaya, Latur, Now
named and styled as Aksharnandan
Prathmik Vidyalaya, Latur
4] Ku.Anjutai Bhausaheb Kale,
Age 24 years, Occu.Asst Teacher,
Jaihind Prathmik Vidyalaya, Latur, Now
named and styled as Aksharnandan
Prathmik Vidyalaya, Latur
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5] Dnyanesh S/o Ashokrao Gavane,
Age 26 years, Occu.Asst Teacher,
Jaihind Prathmik Vidyalaya, Latur, Now
named and styled as Aksharnandan
Prathmik Vidyalaya, Latur
6] Sayyad Nadim Mustafa
Age 29 years, Occu.Asst Teacher,
Jaihind Prathmik Vidyalaya, Latur, Now
named and styled as Aksharnandan
Prathmik Vidyalaya, Latur
7] Pooja Abhangrao Biradar,
Age 22 years, Occu.Asst Teacher,
Jaihind Prathmik Vidyalaya, Latur, Now
named and styled as Aksharnandan
Prathmik Vidyalaya, Latur
8] Vaibhav S/o Sharadkumar Durugkar,
Age 22 years, Occu.Asst Teacher,
Jaihind Prathmik Vidyalaya, Latur, Now
named and styled as Aksharnandan
Prathmik Vidyalaya, Latur
9] Anilkumar S/o Gulabrao Naik,
Age 26 years, Occu.Asst Teacher,
Jaihind Prathmik Vidyalaya, Latur, Now
named and styled as Aksharnandan
Prathmik Vidyalaya, Latur ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Bhartiy Dnyanvardhini Lokvidas Sanstha,
Helamb Tq.Devani,Dist.Latur
Through its Secretary.
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5] Jaihind Prathmik Vidyalaya,Latur,
Now named and styled as
Aksharnandan Prathmik Vidyalaya,Latur
Through its Headmaster. ... Respondents
WITH
43)WRIT PETITION NO.9525 of 2014
1] Baliram S/o Salba Jagtap,
Age 31 years,Occu.Service as
Assistant Teacher,Gyanba More
Primary School,Latur,
Tal. and District Latur.
2] Nitin S/o Anandrao Samukhrao,
Age 30 years,Occu.Service as
Assistant Teacher,Gyanba More
Primary School,Latur,
Tal. and District Latur.
3] Nitin S/o Shivajirao Patil,
Age 28 years,Occu.Service as
Assistant Teacher,Gyanba More
Primary School,Latur,
Tal. and District Latur.
4] Bibhishan S/o Babruwan Pawar,
Age 27 years,Occu.Service as
Assistant Teacher,Gyanba More
Primary School,Latur,
Tal. and District Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Shiv Chatrapti Shikshan Sanstha,
Latur,Tal and Dist.Latur,
Through its Secretary.
5] Gyanba More Primary School,
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Latur,Tal. And Dist.Latur,
Through its Headmaster.
... Respondents
WITH
44) WRIT PETITION NO.9535 of 2014
1] Pradip S/o Suryakant Biradkar,
Age 25 years, Occu.Service as
Shikshan Sevak, Shri Datta Prathamik
vidya Mandir,Datta Nagar,
Udgir Mandir,Datta Nagar,
Udgir,Tal Udgir,Dist.Latur.
2] Sudhir S/o Hanmantrao Wadikar,
Age 24 years, Occu.Service as
Shikshan Sevak, Shri Datta Prathamik
Vidya Mandir,Datta Nagar,
Udgir,Tal Udgir,Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Shri Gajanan Maharaj Shikshan Sanstha,
Udgir,Tal.Udgir,Dist.Latur,
through its Secretary.
5] Shri Datta Prathamik
Vidya Mandir, Datta Nagar,
Udgr, Tal Udgir,District Latur,
Through its Headmaster. ... Respondents
WITH
45) WRIT PETITION NO.9537 of 2014
1] Ganesh S/o Dnyanoba Mane,
Age 30 years,Occu.Service as
Shikshan Sevak,Ramrao Patil Prathmik
vidya Mandir,Handarguli,
Tq.Udgir Dist.Latur.
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2] Shivanand S/o Guruling Swami,
Age 27 years,Occu.Service as
Shikshan Sevak,Ramrao Patil
Prathmik Vidya Mandir,Handarguli,
Tq.Udgir,Dist.Latur ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,
Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Kai.Shri.Narayanrao Patil Shikshan
Prasarak Mandal,Handarguli,
Tal.Udir,Dist.Latur,
Through its Secretary.
5] Ramrao Patil Prathmik Vidyamandir
Hamdarguli,Tal.Udgir,Dist.Latur,
Through its Headmaster.
... Respondents
WITH
46) WRIT PETITION NO.9538 of 2014
1] Kiran S/o Arjunrao Kallurkar,
Age 26 years,Occu.Service as
Shikshan Sevak,Maharashtra Primary
School,Majage Nagar,
Latur,Tal.& Dist.Latur.
2] Mangesh S/o Kamlakar Suryawanshi,
Age 25 years,Occu.Service as
Shikshan Sevak,Maharashtra Primary
School,Majage Nagar,
Latur,Tal.& Dist.Latur.
3] Uddhav S/o Vittalrao Chame,
Age 28 years,Occu.Service as
Shikshan Sevak,Maharashtra Primary
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School,Majage Nagar,
Latur,Tal.& Dist.Latur.
4] Gajanan S/o Vijaykumar Shelke,
Age 27 years,Occu.Service as
Shikshan Sevak,Maharashtra Primary
School,Majage Nagar,
Latur,Tal.& Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Jaikranti Shikshan Prasarak Mandal,
Kavha,Tal.& Dist.Latur,
Through its Secretary.
5] Maharashtra Primary School,
Majage Nagar,Latur,
Ta.& Dist.Latur,
Through its Headmaster. ... Respondents
WITH
47) WRIT PETITION NO.9539 of 2014
1] Santosh S/o Mahadeorao Suryawanshi,
Age 28 years, Occu.Service as
Assistant Teacher, Kulswamini
Prathmik Vidyamandir,Latur,
Tal. And Dist.Latur.
2] Rajendra S/o Rohidas Waghmare,
Age 30 years, Occu.Service as
Assistant Teacher, Kulswamini
Prathmik Vidyamandir,Latur,
Tal. And Dist.Latur.
3] Archana Gangaram Sagar,
Age 28 years, Occu.Service as
Assistant Teacher, Kulswamini
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Prathmik Vidyamandir,Latur,
Tal. And Dist.Latur.
4] Ajit S/o Angadrao Kendre,
Age 27 years, Occu.Service as
Assistant Teacher, Kulswamini
Prathmik Vidyamandir,Latur,
Tal. And Dist.Latur.
5] Kanta Vitthalrao Kadam,
Age 29 years, Occu.Service as
Assistant Teacher, Kulswamini
Prathmik Vidyamandir,Latur,
Tal. And Dist.Latur.
6] Usha Ram Reddy,
Age 28 years, Occu.Service as
Assistant Teacher, Kulswamini
Prathmik Vidyamandir,Latur,
Tal. And Dist.Latur.
7] Sadashiv S/o Narshingrao Jadhav,
Age 28 years, Occu.Service as
Assistant Teacher, Kulswamini
Prathmik Vidyamandir,Latur,
Tal. And Dist.Latur.
8] Sheetal Dnyanoba Bhandare,
Age 29 years, Occu.Service as
Assistant Teacher, Kulswamini
Prathmik Vidyamandir,Latur,
Tal. And Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Abhinav Bahu-Uddeshiya Shikshan
Prasarak Mandal,Narayan Nagar,
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Latur,Tal. And Dist.Latur,
Through its Secretary.
5] Kulswamini Prathmik Vidya Mandir,
Latur,Tal. And Dist.Latur.
Through its Headmaster. ... Respondents
WITH
48) WRIT PETITION NO.9549 of 2014
1] Bapurao S/o Umakant Rayphale,
Age 30 years, Occu.Service as
Assistant Teacher, Nutan Marathi
Primary School,Ahmedpur,
Tal.Ahmedpur,Dist.Latur. ... Petitioner
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Lokayat Charitable Trust,
Ahmedpur,Tal.Ahmedpur,
District Latur,
Through its Secretary.
5] Nutan Marathi Primary School,
Ahmedpur,Tal.Ahmedpur,
Through its Headmaster. Respondents
...
WITH
49) WRIT PETITION NO.9550 of 2014
1] Pramod S/o Gurunath Bhanji,
Age 24 years, Occu.Service as
Shikshan Sevak,Mahesh Prathmik
Vidyamandir,Udgir,
Tal.Udgir,District Latur.
2] Gangadhar S/o Vitthalrao Pichare,
Age 27 years, Occ.Service as
Shikshan Sevak, Mahesh
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Prathmik Vidyamandir,Udgir,
Tal.Udgir,District Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Mahesh Shikshan Prasarak Mandal,
Udgir,Tal.Udgir, District Latur,
Through its Secretary.
5] Mahesh Prathmik Vidyamandir,
Udgir,Tal.Udgir, District Latur,
Through its Headmaster. ... Respondents
WITH
50) WRIT PETITION NO.9551 of 2014
1] Dnyanoba S/o Manohar Dongre,
Age 26 years,Occu.Service as
Shikshan Sevak, Uday Primary
School,Udgir,Tal.Udgir,Dist Latur.
2] Amol S/o Mohanrao Kamble,
Age 26 years,Occu.Service as
Shikshan Sevak, Uday Primary
School,Udgir,Tal.Udgir,Dist. Latur.
3] Devidas S/o Tulshiram Kamble,
Age 28 years,Occu.Service as
Shikshan Sevak, Uday Primary
School,Udgir,Tal.Udgir,Dist. Latur.
4] Muktabai Ashok Patwari
Age 27 years,Occu.Service as
Shikshan Sevak, Uday Primary
School,Udgir,Tal.Udgir,Dist. Latur.
VERSUS
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1] The State of Maharashtra,
Through its Secretary School Education &
Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Champawati Shikshan Prasarak Mandal,
Chapoli,Tal.Chakur,Dist.Latur,
Through its Secretary.
5] Uday Primary School,
Udgir,Tal.Udgir,Dist.Latur,
Through its Headmaster. ... Respondents
WITH
51) WRIT PETITION NO.9552 of 2014
1] Anita Shivanand Khandare,
Age 28 years,Occu.Service as
Shikshan Sevak,Shrihari Prathmik
Viday Mandir,Hadolati,
Tal.Ahmedpur,District Latur.
2] Gajanan S/o Shivraj Kotsulwar,
Age 28 years, Occ.Service as
Shikshan Sevak,Shrihari Prathmik
Vidya Mandir,Hadolati,
Tal.Ahmedpur,District Latur.
3] Nandkishor S/o Namdeorao Virale
Age 28 years, Occ.Service as
Shikshan Sevak,Shrihari Prathmik
Vidya Mandir,Hadolati,
Tal.Ahmedpur,District Latur.
4] Dhondiram S/o Balaji Chapade,
Age 26 years, Occ.Service as
Shikshan Sevak,Shrihari Prathmik
Vidya Mandir,Hadolati,
Tal.Ahmedpur,District Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
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Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Kisan Shikshan Prasarak Mandal,
Hadolati,Tal.Ahmedpur,Dist.Latur,
Through its Secretary.
5] Shrihari Prathmik Vidyamandir,
Hadolati, Tal.Ahmedpur,Dist.Latur,
Through its Headmaster. ... Respondents
WITH
52) WRIT PETITION NO.9553 of 2014
1] Shivaji S/o Maroti Pawar,
Age 32 years,Occu.Service as
Assistant Teacher Yashwantrao Chavan
Prathmik Vidyalaya,
Chakur,Tal.Chakur, District Latur.
2] Poonam D/o Ulhasrao Kendre,
Age 31 years,Occu.Service as
Assistant Teacher Yashwantrao Chavan
Prathmik Vidyalaya, Chakur, Tal.Chakur,
District Latur.
3] Pathan S/o Javedkhan Mustafa,
Age 29 years,Occu.Service as
Assistant Teacher Yashwantrao Chavan
Prathmik Vidyalaya, Chakur, Tal.Chakur,
District Latur.
4] Sayyed Ajaj Ahmed Turabali,
Age 30 years,Occu.Service as
Assistant Teacher Yashwantrao Chavan
Prathmik Vidyalaya,Chakur, Tal.Chakur,
District Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
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& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Dr.Zakir Hussain Shikshan
Prasarak Mandal,Chakur,
Tal.Chakur,Dist.Latur,
Through its Secretary.
5] Yashwantrao Chavan Primary
School,Chakur,Tal.Chakur,
District Latur, ... Respondents
Through its Headmaster.
WITH
53) WRIT PETITION NO.9683 of 2014
1] Atul S/o Gopalrao Shinde,
Age 34 years,Occu.Service as
Assistant Teacher,Lal Bahadur Shastri
Primary School, Shivaji Nagar, Hadga
Road,Nilanga,
Tal.Nilanga,Disrict Latur.
2] Mahesh S/o Prakashrao Shinde,
Age 26 years,Occu.Service as
Assistant Teacher,Lal Bahadur Shastri
Primary School,Shivaji Nagar, Hadga
Road,Nilanga,
Tal.Nilanga,Disrict Latur.
3] Digambar S/o Sanjeev Thete,
Age 32 years,Occu.Service as
Assistant Teacher,Lal Bahadur Shastri
Primary School,Shivaji Nagar, Hadga
Road,Nilanga,
Tal.Nilanga,Disrict Latur.
4] Namdeo S/o Babu Kurmude,
Age 27 years,Occu.Service as
Assistant Teacher,Lal Bahadur Shastri
Primary School,Shivaji Nagar, Hadga
Road,Nilanga,
Tal.Nilanga,Disrict Latur.
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5] Amit S/o Mallikarjun Doke,
Age 28 years,Occu.Service as
Assistant Teacher,Lal Bahadur Shastri
Primary School,Shivaji Nagar, Hadga
Road,Nilanga, ... Petitioners
Tal.Nilanga,Disrict Latur.
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Lal Bahadur Shastri Mission,Nilanga,
Shivaji Nagar,Hadaga Raod,
Nilanga,Tal.Nilanga,Dist.Latur,
Through its Secretary.
5] Lal Bahadur Shastri Primary School,
Shivaji Nagar,
Hadaga Road,Nilanga,
Tal.Nilanga,District Latur.
Through its Headmaster. ... Respondents
WITH
54) WRIT PETITION NO.9729 of 2014
1] Shaikh Feroz Salimoddin,
Age 28 years,Occu.Assistant Teacher,
Maulana Azad Urdu Prathmik Shala,Murud,
Tq.& Dist.Latur.
2] Sayyed Muzafir Navajoddin
Age 29 years,Occu.Assistant Teacher,
Maulana Azad Urdu Prathmik Shala,Murud,
Tq.& Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
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Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Johurool Kura Bahuuddeshiya Sanstha,
Murud, Tq.& Dist.Latur.
Through its Secretary.
5] Maulana Azad Urdu Prathmik Shala,
Murud, Tq.& Dist.Latur.
Through its Headmaster. ... Respondents
WITH
55) WRIT PETITION NO.9730 of 2014
1] Mrs.Shaikh Bismilla Hameedsab,
Age 25 years, Occu.Assistant Teacher,
Azad Prathmik Shala,Latur,
Latur,Tq.& Dist.Latur.
2] Mrs.Shaikh Rahema Hameedsab,
Age 25 years, Occu.Assistant Teacher,
Azad Prathmik Shala,Latur,
Latur,Tq.& Dist.Latur.
3] Shaikh Abdul Kadar Aziz,
Age 31 years, Occu.Assistant Teacher,
Azad Prathmik Shala,Latur,
Tq & Dist.Latur.
4] Mahesh S/o Balaji Nalawade,
Age 30 years, Occu.Assistant
Teacher,Azad Prathmik Shala,Latur,
Latur,Tq.& Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
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4] Dnyansagar Education Society,
Jaynagar, Malwati Raod, Latur,
Tq.& Dist.Latur,
Through its Secretary.
5] Azad Prathmik Shala,Jaynagar,
Malwati Raod, Latur,Tq.& Dist.Latur.
Through its Headmaster. ... Respondents
WITH
56) WRIT PETITION NO.9734 of 2014
1] Sachin S/o Atmaram Jadhav,
Age 27 years, Occu.Assistant Teacher,
Tuljabhavani Prathmik Vidyamandir, Sant
Dnyaneshwar Nagar,Latur, Tq.&
Dist.Latur.
4] Ayodhya Shivaji Nikam,
Age 25 years, Occu.Assistant Teacher,
Tuljabhavani Prathmik Vidyamandir, Sant
Dnyaneshwar Nagar,Latur, Tq.&
Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Ambika Bahuuddeshiy Mahila Mandal,
Rohina,Tq.Chakur,Dist.Latur,
Through its Secretary.
5] Tuljabhavani Prathmik Vidyamandir,
Sant Dnyaneshwar Nagar,Latur,
Tq.& Dist.Latur.
Through its Headmaster. ... Respondents
WITH
57) WRIT PETITION NO.9738 of 2014
1] Kalpana Ramesh Navghare,
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Age 28 years, Occu.Assistant Teacher,
Rajmata Jijamata Prathmik Vidyamandir,
Shivnagar,Latur,
Tq.& Dist.Latur
2] Dharu Sambhaji Suryawanshi,
Age 27 years,Occu.Assistant Teacher,
Rajmata Jijamata Prathmik Vidyamandir,
Shivnagar, Latur,
3] Santosh Aneappa Malge,
Age 32 years,Occu.Assistant Teacher,
Rajmata Jijamata Prathmik
Vidyamandir,Shivnagar, Latur,
4] Anusaya Bandu Munde,
Age 29 years,Occu.Assistant Teacher,
Rajmata Jijamata Prathmik
Vidyamandir,Shivnagar, Latur,
Tq.& Dist.Latur
5] Swati Prakash Kendre,
Age 24 years,Occu.Assistant Teacher,
Rajmata Jijamata Prathmik
Vidyamandir,Shivnagar,Latur,
Tq & Dist.Latur.
6] Satyawan S/o Shriram Deshpande,
Age 35 years,Occu.Assistant Teacher,
Rajmata Jijamata Prathmik Vidyamandir,
Shivnagar, Latur,Tq.& Dist.Latur
7] Mangesh S/o Mohanrao Bhosale,
Age 26 years,Occu.Assistant Teacher,
Rajmata Jijamata Prathmik
Vidyamandir,Shivnagar, Latur,Tq.&
Dist.Latur
8] Pravin S/o Shridhar Biradar,
Age 25 years,Occu.Assistant Teacher,
Rajmata Jijamata Prathmik Vidyamandir,
Shivnagar, Latur,Tq.& Dist.Latur
9] Snehal Shivajirao Misal,
Age 26 years,Occu.Assistant Teacher,
Rajmata Jijamata Prathmik Vidyamandir,
Shivnagar, Latur, ... Petitioners
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VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Kendre Charitable Trust, Latur, Through
its Secretary.
5] Rajmata Jijamata Prathmik Vidyamandir,
Shivnagar, Latur, Through its
Headmaster.
... Respondents
WITH
58) WRIT PETITION NO.9743 of 2014
1] Lingeshwar S/o Baburao Bhete,
Age 26 years, Occu.Assistant Teacher,
Shri Mahatma Basweshwar Prathmik
Vidyamandir, Sut Mill Raod,Latur, Tq.&
Dist.Latur.
2] Pritee Laxmikant Bansode,
Age 23 years, Occu.Assistant Teacher,
Shri Mahatma Basweshwar Prathmik
Vidyamandir, Sut Mill Raod,Latur, Tq.&
Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Director of Education (Primary)
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
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4] Mahatma Basweshwar Shikshan Sastha,
Signal Camp,Latur,Tq.& Dist.Latur,
Through its Secretary.
5] Shri Mahatma Basweshwar Prathmik
Vidyamandir,Sut Mull Road,
Latur,Tq.& Dist.Latur. ... Respondents
Through its Headmaster.
WITH
59) WRIT PETITION NO.9873 of 2014
1] Sharad S/o Madhukarrao Khonde,
Age:25 years,Occu.Service as a
Shikshan Sevak,
R/o: Ahmedpur,Tq.Ahmedpur
Dist.Latur.
2] Ku.Sneha D/o Marutirao Biradar,
Age 24 years,Occu.Service as a
Shikshan Sevak,
R/o Ahmedpur,Tq.Ahmedpur,
Dist.Latur. ... Petitioners
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
& Sports Department, Mantralaya,Mumbai.
2] The Education Officer(Primary),
Zilla Parishad,Latur.
3] Kisan Shikshan Prasarak Mandal,
Udgir,Tq.Udgir,
Dist.Latur.
Through its Secretary.
4] Mahatma Phule Primary School,
Ahmedpur,Tq.Ahmedpur,
Dist.Latur.
Through its Headmaster. ... Respondents
WITH
60) WRIT PETITION NO.9928 of 2014
1] Gajanan S/o Madhavrao Dhuse Patil,
Age 28 years,Occu.Service,
R/o Loha,Tq.Loha,Dist.Nanded ... Petitioner
VERSUS
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1] The State of Maharashtra,
Through its Secretary School Education
Department, Mantralaya,Mumbai-32.
2] The Director of Education(Primary),
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Lokayat Charitable Trust,
Ahmedpur,Tq.Ahmedpur,
Dist.Latur,through its Secretary.
5] The Head Master,
Nutan Marathi Primary School,
Ahmedpur,Tq.Ahmedpur,
Dist.Latur. ... Respondents
WITH
61) WRIT PETITION NO.10432 of 2014
1] Shripad S/o Shashikant Helambkar,
Age 26 years,Occu.Service as Shikshan
Sevak,Sardar Wallabhbhai Patel Primary ... Petitioner
School, Udgir,
Tal.Udgir,District Latur.
VERSUS
1] The State of Maharashtra,
Through its Secretary School Education
Department, Mantralaya,Mumbai-32.
2] The Director of Education(Primary),
Maharashtra State,Pune.
3] The Education Officer(Primary),
Zilla Parishad,Latur.
4] Mahesh Dnyan Vikas Mandal,
Latur,Tal & Dist.Latur,
Through its Secretary.
5] Sarar Wallabhbhai Patel
Primary School,Udgir,
Tal.Udgir,District Latur,
Through its Headmaster. ... Respondents
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Advocates for the petitioners in
respective petitions:
Mr. V. S. Panpatte, Advocate
Shri.N.B.Khandare, Advocate h/for Shri M.P.Tripathi,
Advocate
Shri V.D.Gunale, Advocate,
shri S.R.Choukidar,Advocate h/for Shri.S.B.Salunke,
Shri H.V.Patil,Advocate,
Shri P.G.Rodge,Advocate,
Shri V.D.Solanke,Advocate,
Shri S.G.Rudrawar,Advocate,
Shri P.S.Shendrunikar,Advocate,
Shri B.A.Shinde,Advocate,
Shri U.P.Giri, Advocate
Shri Y.P.Deshmukh Advocate in CP 560/2015
Advocates for the respondents in respective petitions:
Mrs.A.V.Gondhalekar, Addl. Govt. Pleader for R.1 to 3.
Shri U.B.Bondar,Advocate for Z.P. Latur in all Writ
Petitions.
Shri V.S.Kodale,Advocate for R.5 & 6 in WP 149/15
Shri N.G.Kale,Advocate for R-4 & 5 in WP 711/15.
Shri K.J.Kore,ADvocate for R-4 and 5 in WP 6586/15
Shri P.R.Tandle,Advocate for R-3 in WP 6586/15
Shri B.A.Shinde Advocate for R.4 and 5.
CORAM : S. V. GANGAPURWALA &
K. L. WADANE, JJ.
RESERVED ON : 9th March, 2017.
PRONOUNCED ON : 5h May, 2017
JUDGMENT (Per S. V. Gangapurwala, J):
1. Rule. Rule made returnable forthwith. With consent of parties, the petitions are taken up for final disposal.
2. Heard the learned counsel for the parties.
3. All these writ petitions assail the Government Resolution dated 02.12.2014 issued by the School Education 59/87 ::: Uploaded on - 09/05/2017 ::: Downloaded on - 10/05/2017 00:12:09 ::: wp762-15 & connected wps.odt Department, Government of Maharashtra, Mantralaya, Mumbai to the extent of condition to grant permission to the additional divisions of the schools from the years 2014- 2015 on non grant basis. The petitioners further seek relief that the same is required to be granted from the year 2010-11 as was granted by the Education Officer Latur, pursuant to his order in July, 2011 and that too on grant-in-aid basis.
4. All these petitions are based on similar set of facts and involve common questions. To avoid rigmarole, they are decided together.
5. The learned counsel for respective petitioners so also the learned Addl. Government Pleader and the learned counsel for the Education Officer have advanced their arguments.
6. Mr. Khandare, the learned counsel for some of the petitioners submits that the divisions which were already sanctioned to various schools were declared surplus for want of sufficient students. They were closed. Such divisions were sanctioned and absorbed with the schools where the strength of students existed and the additional divisions were admissible by virtue of the order passed by the Education Officer in July, 2011. The learned counsel submits that the Education Officer was competent to 60/87 ::: Uploaded on - 09/05/2017 ::: Downloaded on - 10/05/2017 00:12:09 ::: wp762-15 & connected wps.odt sanction, allot divisions at his level. Moreover, the enquiry was conducted, enquiry reports were received by the Government. The Ghodmode Committee was appointed for holding enquiry. The said Committee submitted report to the Government. Due to the objections regarding conduct of the enquiry and to the report, the Government was required to give second thought to the problem. The said report was not accepted. A decision to hold enquiry afresh was taken. Physical inspection of the school was made in order to find out the actual physical strength of the students. On receipt of the report of the inspection, the Government Resolution dated 02.12.2014 was issued. Out of 58 schools to which divisions were allotted, 37 schools having 147 divisions are found to be legal. Out of 20 schools, reports regarding 14 schools have been received, however no decision for legalization of divisions in these 14 school is taken. The learned counsel submits that the said Government Resolution dated 02.12.2014 states that appointment of the teachers would be considered on no grant basis from the year 2013-2014 as per existing grant- in-aid norms. The petitioners are objecting to the said conditions.
7. According to the learned counsel, the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 regulates the service conditions of 61/87 ::: Uploaded on - 09/05/2017 ::: Downloaded on - 10/05/2017 00:12:09 ::: wp762-15 & connected wps.odt the employees. Rules have been framed, regulating the procedure. Field of grant of permission to open schools, sanction of additional divisions in existing schools, sanction of new divisions, required students for maintaining such divisions etc. is governed by the Executive instructions and not the Act passed by the Legislature. Time to time, the Government resolutions and circulars are issued. The staffing pattern is sanctioned considering the number of divisions in the schools. The sanction of divisions is linked with the number of students studying in the class. The policy is ever changing.
The learned counsel submits that the parliament, by virtue of 86th Amendment Act, 2002, inserted Article 21-A thereby making right to education a fundamental right for the students within the age group of 6 to 14 years. They have fundamental right to free education. The same would include payment of salary to the teacher so that students within the said age group would not require to pay for the same. The learned counsel submits that in order to implement the Constitutional Policy enshrined under Article 21-A of the Constitution of India, the parliament enacted "The Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the Right to Education Act). The same was enforced from the year 2010. 62/87 ::: Uploaded on - 09/05/2017 ::: Downloaded on - 10/05/2017 00:12:09 :::
wp762-15 & connected wps.odt The learned counsel submits that the edifice of the Right to Education Act is based upon free and compulsory education up to the age of 14 years and quality education.
8. The learned counsel submits that because of introduction of the Right to Education Act, the statutory obligation is cast upon the Government to shoulder the responsibility of providing funds for carrying out the provisions of the Act. Reference can be had to Section 7 of the said Act. Section 8 of the Act mandates appropriate Government to provide free and compulsory elementary education for every child. Section 25 of the Right to Education Act makes provisions of pupil and teacher ratio as specified in schedule to the Act and further makes it compulsory to maintain the said ratio. Thus, the change is brought in by the Right to Education Act providing the pupil- teacher ratio linked directly to the strength of students in the particular school and as such now the same would not be regulated by the executive instructions but by the provisions of the statutes enacted by the Parliament. The learned counsel further submits that the instructions issued from to time under Government Resolutions or circulars, earlier were superseded by one such Government Resolution dated 13.12.2013. The said Government Resolution clearly states that the norms for grant of divisions issued and which were in existence have 63/87 ::: Uploaded on - 09/05/2017 ::: Downloaded on - 10/05/2017 00:12:09 ::: wp762-15 & connected wps.odt been superseded after the enforcement of the Right to Education Act. The learned counsel submits that time and again, the Government Resolutions and circulars are issued with a view to enforce the provisions of the Right to Education Act, thereby prescribing procedure for determining the posts of teacher with reference to the strength of students in a particular school.
9. The learned counsel states that two circulars dated 10.05.2010, 18.06.2010 and Government Resolution dated 14.11.2013 are placed on record. The learned counsel also relies on the Government Resolution dated 28.08.2015 to contend that the said Government Resolution is issued after the impugned Government Resolution which clearly mentions the fact that division system has been abolished and therefore strength of students available in the class is required to be considered for grant of post of teacher. According to the leaned counsel, the Government Resolution dated 02.12.2014 is contrary to the Government Resolution dated 02.12.2015 and Government Resolution dated 14.11.2013 so also de hors the provisions of the Right to Education Act. The same is not in consonance with the object and spirit of the Right to Education Act. The Government cannot exercise any powers contrary to the provisions of the Right to Education Act. The action taken by the authorities by virtue of Government Resolution 64/87 ::: Uploaded on - 09/05/2017 ::: Downloaded on - 10/05/2017 00:12:09 ::: wp762-15 & connected wps.odt dated 02.12.2014 and letter dated 04.08.2014 and other instructions are contrary to the Constitutional Scheme envisaged under Article 21-A and the provisions of the Right to Education Act. In the impugned Government Resolution, the appointment of teachers are not considered on the basis of strength of students as contemplated under the Right to Education Act but on the basis of divisions sanctioned in a particular school. The Government Resolution dated 02.12.2014 though speaks of the provisions of the Right to Education Act, however, the same is contrary to the provisions of the said Act and is based on the earlier Government Resolutions and it only takes into consideration the order passed by the Education Officer without considering the pupil- teacher ratio. The appointment of the teachers commensurate with the strength of the students is required to be considered on grant-in- aid basis.
10. Mr. Khandare, the learned counsel further submits that the Right to Education Act is a Central Enactment and the same will prevail over all other statute and, the provisions of the Right to Education Act will have to be applied with all its vigors. The learned counsel relies judgment of the Apex court in a case of Kalyani Mathivanan Vs. K. V. Jeyaraj and others, reported in (2015) 6 Supreme Court cases 363.
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11. The learned counsel further submits that the the essential object and purpose of the Right to Education Act is to provide access to justice to primary school teachers. The Constitutional Guarantee of free and compulsory primary education is given practical content by the Act. The learned counsel relies on the judgment of Division Bench of this Court in case of Litaka Rajaram Mane Vs. State of Maharashtra, reported in 2013 (4) Mh.L.J.
244.
12. Mr.Panpatte, the learned counsel for some of the petitioners canvassed the following submissions:
The Education Officer had sanctioned the divisions of the schools, the said divisions were earlier attached with the schools which were closed down and the Education Officer has the necessary power to sanction the grant-in- aid divisions of the closed schools to the existing schools where these additional divisions are admissible. To substantiate the contention, the learned counsel relies on the Government Resolution dated 06.12.2007 and 12.06.2007 and communication dated 20.11.2008. The learned counsel submits that while issuing the Government Resolution dated 02.12.2014, the State has lost sight of these Government Resolutions. When the Education Officer has been empowered to sanction such divisions and when even upon enquiry, it is found that the divisions/additional divisions which are 66/87 ::: Uploaded on - 09/05/2017 ::: Downloaded on - 10/05/2017 00:12:09 ::: wp762-15 & connected wps.odt sanctioned to the schools are permissible as per the strength of the students, then there was no necessity to further issue Government Resolution and thereby stating that the same is granted on no grant basis from the academic year 2013-2014.
13. The learned counsel further submits that even an enquiry committee was appointed by the Government to submit the detail report with regard to the divisions, additional divisions sanctioned by the Education Officer; report was submitted and it was found that additional divisions are admissible. The learned counsel submits that even while passing the impugned orders and the Government Resolution, opportunity of hearing was not given to the petitioners which is contrary to the Government Resolution dated 06.02.2012. According to the learned counsel even exercise was done of an enquiry and it was found that out of 58 schools to which the additional divisions were sanctioned, in 38 schools, 147 divisions were sanctioned and they were found to be having adequate strength of students for the sanction of additional divisions. The names of the petitioners, Institutions and the teachers appointed therein appears in the accompaniment of the Government Resolution dated 02.12.2014.
14. The learned counsel further submits that many of the petitioners have been granted approval and acquired right 67/87 ::: Uploaded on - 09/05/2017 ::: Downloaded on - 10/05/2017 00:12:10 ::: wp762-15 & connected wps.odt in their favour but the same was not looked into while issuing the impugned Government Resolution and stating that the said posts held by the teachers would be considered on no grant basis. The Right to Education Act no where contemplates to give grant in aid in a phased manner. This aspect is also not considered by the authorities while taking the decision. The appointment of these teachers cannot be held to be illegal. They are in continuous employment since 2010. Provisions for grant-in-aid is available in the budgetary provisions of the State Government. Even the salaries of some of the petitioners were drawn from the grant admissible. The decision to convert the posts held by teachers appointed on the said posts to no grant basis is bad in law. The learned counsel further submits that the respondents have failed to demonstrate as to how and in what manner the decision of the Education Officer to transfer the divisions of the closed down schools or divisions which were held to be inadmissible for continuation for want of students and attaching the same with the Institutions where there is adequate strength, requires either prior approval or concurrence or permission from higher officials. The Education Officer was within his right to sanction the said additional divisions as per the Government Resolution dated 12.06.2007 and 06.12.2007. If impugned Government Resolution is allowed to operate, then these persons who 68/87 ::: Uploaded on - 09/05/2017 ::: Downloaded on - 10/05/2017 00:12:10 ::: wp762-15 & connected wps.odt have been appointed will have to wait for further 7 to 8 years to become eligible for grant insptie of the facts that the posts held by them is having budgetary provisions, however, the same was not utilized. To that extent the Government Resolution dated 02.12.2014 is bad in law.
15. The learned counsel further submits that perusal of the provisions of the Right to Education Act would reveal that the staff sanction and determination is governed by Rules framed under section 25 of the Right to Education Act. Even Government Resolution dated 20.08.2015 lays down that it is the Education Officer who is authorized in law to determine the staff sanction and prior permission of the State Government is no where contemplated. All the schools in the State either run by State Government, local self government or private schools, whether receiving grant in aid or not are governed by the Right to Education Act. As such, it does not lie in the mouth of the Government to state that before the Education Officer takes decision to attach the closed division to another school, consultation with the State Government is necessary.
16. The learned counsel further submits that the provisions of the Right to Education Act makes it compulsory to make available the facility of education in all areas within the vicinity of two kms. The impugned 69/87 ::: Uploaded on - 09/05/2017 ::: Downloaded on - 10/05/2017 00:12:10 ::: wp762-15 & connected wps.odt Government Resolution does not take into account the said provisions of the Right to Education Act. The posts held by these persons appointed pursuant to the order of the Education Officer sanctioned in these additional divisions have been found to be admissible as per the fresh roll verification done. In such a situation, decision to convert the posts held by the petitioners from admissible to grant into non grant in aid post is unsustainable and does not stand to any reason.
17. Mr. Panpatte, the learned counsel relies on the judgment of the Apex Court in a case of Mohinder Singh Gill Vs. Chief Election Commissioner, New Delhi, reported in 1978 (1) SCC 405 to contend that what is not stated in the impugned order cannot be supplemented by affidavit. The learned counsel further relies on the judgment of the Apex Court in a case of Pramati Educational & Cultural Trust & others Vs.Union of India (Writ Petition (C) No.416/2012 with connected petitions, decided on 06.05.2014), so also the judgment of the Apex Court in case of Ms Mohini Jain Vs. State of Karnataka reported in AIR 1992 Supreme Court 1858(1) submits that Apex Court has also upheld the said enactment i.e. Right to Education Act and further observed that the said Act intends to achieve the constitutional goal of equality of opportunity through inclusive elementary education to all. The learned counsel submits 70/87 ::: Uploaded on - 09/05/2017 ::: Downloaded on - 10/05/2017 00:12:10 ::: wp762-15 & connected wps.odt that it is the State who would be funding for free education of the children belonging to weaker sections. Under section 12(2) of the Right to Education Act, the school is to be reimbursed for the expenses to the extent of per child expenditure incurred by it. The provisions are incorporated in furtherance of the object underlying Article 21-A of the Constitution to provide free and compulsory education.
18. Mr. Panpatte, the learned counsel also relies on the judgment of Division bench of this Court in the case of Ku. Sunanda dhondiram Wadje Vs. The State of Maharashtra and others, delivered in Writ Petition No. 5186/2004 dated 27 th June, 2005 to contend that even assuming that the Education Officer has committed illegality while granting approval, the same cannot be corrected at the cost of the rights of the petitioners being abridged and violated
19. Mr.Chaukidar, the learned counsel holding for Mr. Solunke, the learned counsel for some of the petitioners, submits that the petitioners i.e. teachers are appointed by following due procedure of law and their services are continued. The learned counsel submits that all divisions which are allotted were closed down long back and the teachers working in closed down divisions were already accommodated in other schools and at that time there were no surplus teachers. The petitioners were appointed on 71/87 ::: Uploaded on - 09/05/2017 ::: Downloaded on - 10/05/2017 00:12:10 ::: wp762-15 & connected wps.odt these sanctioned divisions and as such are eligible for the grant-in-aid, as these divisions which have been transferred to existing schools were the closed down divisions on grant in aid basis. The action of the Government is against the provisions of the Right to Education Act. The schools where the petitioners are working are primary schools and the provisions of the Right to Education Act are applicable. The petitioners have completed their three years probation as Shikshan Sevak and have attained deemed permanency. As per section 8 of the Right to Education Act, the duties of the appropriate Government are prescribed and one such duty is to provide free elementary education to every child up to age of 6 to 14 years and ensure compulsory admission, attendance and completion of elementary education by every child of the age of 6 to 14 years. Even it is the bounden duty of the Government to provide infrastructure including school building teaching staff and learning equipment. Learned counsel refers to Section 8 of the Right to Education Act. In view of that, the learned counsel submits that it is the responsibility of the State Government to pay salary to the petitioners as soon as they are granted approval by the competent authority. Services of the petitioners are approved and as such, withdrawing the grant-in-aid of the schools wherein the petitioners are working by issuing Government Resolution dated 02.12.2014 is illegal and 72/87 ::: Uploaded on - 09/05/2017 ::: Downloaded on - 10/05/2017 00:12:10 ::: wp762-15 & connected wps.odt erroneous. According to the learned counsel the Government is also convinced that considering the strength of the students available in the schools wherein the petitioners are working, the respondents State has maintained the divisions and the petitioners are appointed by following due process of law. As such, the divisions on which the petitioners are working are entitled to receive grant-in- aid. To the extent of withdrawal of grant-in-aid the Government Resolution dated 02.12.2014 is erroneous and deserves to be set aside.
20. Mr. Gunale the learned counsel for some of the petitioners adopts the arguments canvassed by the other Advocates. The learned counsel relies on the judgment of the Division Bench of this Court in a case of Ram Avad Vs. Shivdatta Education Trust, reported in 2007 (6) All M.R. 716 to contend that on completion of probation of three years, the petitioners would be treated as deemed permanent teacher.
21. Mrs. Gondhalekar, the learned Addl. Government Pleader submits that the Education Officer (Primary), while passing the order in July, 2011, had committed manifest illegalities and irregularities by directing absorption of divisions, giving approval to divisions, staffing pattern and also giving individual/ personal approval on one and the same date. Learned Addl. G. P. submits that the 73/87 ::: Uploaded on - 09/05/2017 ::: Downloaded on - 10/05/2017 00:12:10 ::: wp762-15 & connected wps.odt Government Resolution dated 02.12.2014 and more particularly, Clause No.2 incorporated therein has not been complied by any of the School Managements of the petitioners for the year 2014-2015 2015-2016 even after filing of the petitions. The said Clause No.2 specifically lays down the condition to follow the procedure as laid down in Government Resolution dated 06.02.2012, the same has not yet been done. According to the learned Addl.G.P. all the petitioners were not appointed by following due procedure of law. No permission was obtained, no intimation was sent to the Department for filling in the posts, the filling of roster point vacancies were not observed and the teachers who are appointed have not passed the examination. Even they cannot be termed as regularly appointed teachers. According to the learned Addl. G.P., the reliance placed on the Government Resolutions dated 12.06.2007 and 6.12.2007 by the petitioners is misplaced. Absorption of divisions from school receiving grant-in-aid to partial grant-in- aid or non grant-in-aid has to be along with the absorption of the teachers who were working in the said closed down divisions. The Education Officer, while passing the order allowing absorption of such divisions, did not consider accommodating and absorbing the surplus teachers on those closed down divisions. According to the learned Addl. G.P., fixing the post of teachers, corresponding to the number of students, the same is to be followed by the Management 74/87 ::: Uploaded on - 09/05/2017 ::: Downloaded on - 10/05/2017 00:12:10 ::: wp762-15 & connected wps.odt after introduction of the Right to Education Act. The same is laid down in the Government Resolution dated 13.12.2013 and 18.06.2010.
22. The learned Additional G.P. submits that Government Resolution dated 8.11.2000 specifically lays down stage wise grant-in-aid disbursement after fulfilling eligibility. All these facets were required to be considered by the Education Officer while absorbing the closed down divisions. The learned Addl. G.P. further submits that in case the Education Officer was to exercise his right as per the Government Resolution dated 12.06.2007 and 6.12.2007, then the closed down divisions are required to be absorbed with other schools immediately. In the present case the same has been done in some matters after 10 years and in some matters after five years, which is not permissible. The learned Addl. G.P. further submits that the petitioners cannot claim grant-in-aid as of right. It depends upon the policy decision of the State and the State has taken a policy decision about awarding the grants. The Government Resolution dated 05.11.2011 lays down parameters about evaluation of grants.
23. Learned Addl. G.P. relies on the judgment of Full Bench of this Court in a case of St. Ulai High school Vs. Devendraprasad Jagannath Singh, reported in 2007 (1) Bom. C.R. 514 to submit that power of appointment is regulated 75/87 ::: Uploaded on - 09/05/2017 ::: Downloaded on - 10/05/2017 00:12:10 ::: wp762-15 & connected wps.odt by the Act and the Rules and the matter concerning the grant of approval is between Management and the Education Officer and is relevant only for the release of grant by the State Government to the Management. Appointment and conditions of service of teachers is governed by the provisions of the M.E.P.S. Acts and Rules. The same have to be followed and the primary responsibility of payment of salary is on the Management.
24. Mr. Bonder, the learned counsel for the Education Officer (Primary) adopts argument of the learned Addl. G. P. According to the learned counsel, all the petitioners /teachers were appointed on non grant in aid basis. The payment of their salary has to be borne by the Management.
25. We have considered the submissions canvassed by the learned counsel for the respective parties.
26. Government Resolution dated 02.12.2014 is the subject matter of the present writ petitions. The said Government Resolution dated 02.12.2014 is required to be issued to clear up the mess created by the Education Officer, Latur.
27. Various schools in Latur division which were on grant-in-aid were closed down for more than 5 to 10 years. In the year 2011-2012, the Education Officer (Primary), 76/87 ::: Uploaded on - 09/05/2017 ::: Downloaded on - 10/05/2017 00:12:10 ::: wp762-15 & connected wps.odt Latur allotted those closed down divisions of the closed down schools or of those schools, where those divisions had became inadmissible, to the existing schools that too with retrospective effect. If the order is passed by the Education Officer (Primary) in February and August, 2011, the same is allotted for the year 2010-11 and if the order is passed in March, 2012, the divisions are directed to be absorbed for the year 2011-12.
28. It is the contention of the petitioners that the Education Officer (Primary) has the power to absorb said divisions to the existing schools wherever permissible and for the said purpose, they rely on the Government Resolution dated 06.12.2007. If the said Government Resolution dated 6.12.2007 is perused, then the said Government Resolution lays down certain modalities to be observed while absorbing the additional divisions. Clauses 2, 3 and 4 of the said Government Resolution, which is vernacular language, reads as under:
ß¼2½ iVla[;svHkkoh can >kysyh rqdMh R;kp 'kkGse/;s eatqj dj.ks 'kD; ulY;kl R;kp laLFksP;k vU; 'kkGsr fo|kFkhZ iVla[;k ok<ysyh vlY;kl o foghr fud"k iq.kZ gksr vlY;kl can gks.kkjh rqdMh lek;kstukus eatqj dj.;kr ;koh vls lek;kstu vuqnkfur @va'kr% vuqnkfur o fouk vuqnkfur v'kk xVke/;sp dj.;kr ;kos-
¼3½ ojhy v- dza- 1 o 2 izek.ks lek;kstu dj.ks 'kD; ulY;kl can gks.kk&;k rqdM;kaps lek;kstu R;kp ftYg;krhy vU; 'kkGsr ok<ysY;k iVla[;sP;k vk/kkjs deky iVla[;suqlkj r;kj gks.k&;k xq.oRrsuqlkj v'kh 77/87 ::: Uploaded on - 09/05/2017 ::: Downloaded on - 10/05/2017 00:12:10 ::: wp762-15 & connected wps.odt rqdMh vU; 'kkGsyk eatqj djkoh-
¼4½ ojhy v- dz- 1 o 2 vUo;s can gks.kk&;k rqdMhps lek;kstu djrkauk v'kk rqdMhojhy dk;Zjr ekU;rkizkIr f'k{kd ns[khy lek;ksthr dj.;kr ;kok- f'k{kdkf'kok; rqdMhps lek;kstu djrk ;s.kkj ukgh-Þ
29. Reading Clause 4, it is manifest that if the division is to be absorbed, then the approved teacher has to be absorbed along with the division. Without absorbing the teacher, the division cannot be absorbed. While passing the order of absorbing the additional divisions of the closed down schools with the existing schools, the Education Officer (Primary) did not pass any order with regard to absorption of the teachers along with the said divisions. Further, it is not the case that the said schools had closed down in that year. The said schools were closed down more than 5 to 10 years back and the closed down divisions were abruptly allotted to the existing schools. The said Government Resolution cannot be read to mean that the Education Officer (Primary), even after a long slumber of 10 years, would allot the closed down divisions to the existing schools. The very purpose of issuing the said Government Resolution dated 06.12.2007 is that the closed down divisions should be allotted to the existing schools wherever permissible with a view to absorb the teachers in that closed down schools alongwith the divisions. Clause 4 as reproduced above makes this position amply clear.
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30. It appears that those schools to whom additional divisions were abruptly allotted with retrospective effect had appointed fresh teachers. The contention of the petitioners is that at that time, surplus teachers were not available. Be that as it may, at the first instance, the Education Officer (Primary) itself ought not have allotted the closed down divisions of the schools which were closed down almost 10 years back without making any enquiry of availability of surplus teachers. Order of absorption of additional division should accompany the order of absorption of the teachers of that division and this is the purport of Clause 4 of the said Government Resolution dated 06.12.2007. Even Government Resolution dated 10th June, 2007 lays down the same. The said Government Resolution applies at a time when because of lack of students, the devision is on the verge of being closed and at that time, the Education Officer has to take steps and not after 5 to 10 years. It would be seen that even approvals were granted by Education Officer to the appointments made on the said additional divisions directed to be absorbed in the existing school with retrospective effect, immediately. At the first instance, absorption of additional divisions of the closed down schools to the existing schools with retrospective effect itself was illegal. No such order to operate with retrospective effect could have been passed. 79/87 ::: Uploaded on - 09/05/2017 ::: Downloaded on - 10/05/2017 00:12:10 :::
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31. The Government, with a view to clear the mess, appointed the Ghodmode Committee for holding enquiry. Report was submitted by the Godmode Committee to the Government. Objections were received regarding conduct of enquiry and to the report. The said report was not accepted and fresh enquiry is conducted. Physical inspection of the school was made in order to find out the actual physical strength of the students. After receipt of report of the inspection, Government Resolution dated 02.12.2014 came to be issued. In fact, as a one time measure, the said Government resolution is issued. The Government Resolution dated 02.12.2014 has safeguarded the appointments made of the teachers (of course if made legally by following proper procedure) on these additional divisions directed to be absorbed with the existing schools.
32. Upon enquiry, it is found that out of 58 schools, 147 divisions of 37 schools are eligible for absorption and out of remaining 20 schools, decision is yet to be taken in respect of divisions of 14 schools. As the Education Officer has committed irregularity and illegality while absorbing these additional divisions, as a one time measure, Government Resolution dated 02.12.2014 is issued and these additional divisions have been granted approval from the year 2013-14, thereby protecting appointment of 80/87 ::: Uploaded on - 09/05/2017 ::: Downloaded on - 10/05/2017 00:12:10 ::: wp762-15 & connected wps.odt the teachers made on these additional 147 divisions, provided appointment is as per rule i.e. satisfying the roster as approved by the B.C. Cell and proper procedure at the time of appointment being followed and their evaluation would be made to bring them on grant in aid basis subsequently.
33. The petitioners have placed much reliance on the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (Right to Education Act) and the Government Resolution dated 28.08.2015. It is true that by virtue of 86th Amendment to the Constitution, Article 21-A is introduced. It provides for free and compulsory education to all children in the age group of six to fourteen years as a fundamental right. Consequently, the Right to Education Act is introduced. It casts an obligation on the appropriate Government to provide free and compulsory elementary education to all children between the age group of six to fourteen years. Section 25 of the Right to Education Act reads as under:
"25. Pupil-Teacher Ratio- (1) Within three years from the date of commencement of this Act, the appropriate Government and the local authority shall ensure that the Pupil-Teacher Ratio, as specified in the Schedule, is maintained in each school.
(2) For the purpose of maintaining the Pupil- 81/87 ::: Uploaded on - 09/05/2017 ::: Downloaded on - 10/05/2017 00:12:10 :::
wp762-15 & connected wps.odt Teacher Ratio, under sub-section (1), no teacher posted in a school shall be made to serve in any other school or office or deployed for any non- educational purpose, other than those specified in section 27."
It would be seen that Pupil-Teacher ratio as specified in the schedule is required to be maintained in each school. As such, now the number of teachers would not be dependent upon the number of divisions but the number of teachers would be dependent upon the strength of student.
34. Under the Right to Education Act, "school" is defined under section 2(n), the same reads as under
"2(n)"School" means any recognised school imparting elementary education and includes
(i)a school established, owned or controlled by the appropriate Government or a local authority;
(ii) an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority;
(iii) a school belonging to specified category;
and
(iv) an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority;"
The school is categorized into schools owned or controlled by the appropriate Government or local authority; an aided school receiving aid or grants to meet 82/87 ::: Uploaded on - 09/05/2017 ::: Downloaded on - 10/05/2017 00:12:10 ::: wp762-15 & connected wps.odt the whole or part of its expenses from the appropriate Government or the local authority; the school belonging to specified category and an unaided school not receiving any kind of aid or grants to meet its expenses. Sections 11 and 12 of the said Act lays down a mandate upon all the schools run by the Government or its local authority to provide free and compulsory education to all children admitted therein. It further lays down that those schools specified in sub clause (ii) of clause (n) of section 2 shall provide free and compulsory elementary education to such proportion of children admitted therein as its annual recurring aid or grants so received, bears to its annual recurring expenses, subject to a minimum of 25 %. Those schools specified in clauses (iii) and (iv) of clause (n) of section 2 shall admit in Class at least 25% of the strength of that class, the children belonging to weaker section and disadvantaged group in neighbourhood and provide free and compulsory elementary education to such students and expenses shall be reimbursed by the State.
35. Much emphasis was laid by the learned counsel for the petitioners on the fact that though the impugned Government Resolution refers to the provisions of the Right to Education Act, still it has considered the number of additional divisions and not the strength of students, while regularizing the additional divisions. As stated 83/87 ::: Uploaded on - 09/05/2017 ::: Downloaded on - 10/05/2017 00:12:10 ::: wp762-15 & connected wps.odt above, the Government Resolution dated 02.12.2014 is a result of the mess created by the Education Officer and to streamline the same, the said Government Resolution is issued. In fact it was to support the teachers who were appointed on such additional divisions which were directed to be absorbed by the Education Officer erroneously. Now, as per the Act of 2009, teacher-pupil ratio will have to be maintained.
36. The major objection of the petitioners is that though the divisions of the closed down schools which were directed to be absorbed were on grant in aid, under the impugned resolution, the same is to be considered on non grant in aid from the academic year 2013-14. The Right to Education Act does not deal with providing grant in a particular manner nor there is any Government Resolution which states that if an additional division is granted or additional post is created, the same would be directly on grant-in-aid basis. It is not necessary that every school and or every division has to be on grant-in-aid basis. Those schools which do not receive complete aid from the appropriate Government, they are directed to provide free and compulsory education to 25% of the students and their expenses is to be made by the Government.
37. The Apex Court, in case of Pramati Educational & Cultural Trust & ors., referred supra, has observed as 84/87 ::: Uploaded on - 09/05/2017 ::: Downloaded on - 10/05/2017 00:12:10 ::: wp762-15 & connected wps.odt under:
"44. When we examine the 2009 Act, we find that udner Section 12(1)(c) read with Section 2(n) (iv) of the Act, an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority is required to admit in class I, to the extent of at least twenty-five percent of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion. We further find that under Section 12 (2) of the 2009 Act such a school shall be reimbursed expenditure so incurred by it to the extent of per-child expenditure incurred by the State, or the actual amount charged from the child, whichever is less, in such manner as may be prescribed. Thus ultimately it is is the State which is funding the expenses of free and compulsory education of the children belonging to weaker sections and several groups in the neighbourhood, which are admitted to a private unaided school.
These provisions of the 2009 Act, in our view, are for the purpose of providing free and compulsory education to childrne between the age group of 6 to 14 years and are consistent with the right under Article 19(1)(g) of the Constitution, as interpreted by this Court in T.M.A. Pai foundation (Supra) and are meant to achieve the constitutional goals of equality of opportunity in elementary education to children of weaker sections and disadvantaged groups in our society. We, therefore, do not find any merit in the submissions made on behalf of the non- 85/87 ::: Uploaded on - 09/05/2017 ::: Downloaded on - 10/05/2017 00:12:10 :::
wp762-15 & connected wps.odt minority private schools that Article 21-A of the Constitution and the 2009 Act violate their right under Article 19(1)()g) of the Constitution. "
38. Grant in aid is neither fundamental right nor statutory right of educational institutions. The Division Bench of this Court, in case of Keraleeya Samajam and others Vs. State of Maharashtra and others, reported in 2004(2) Mh.L.J. 171, has held that grant-in-aid cannot be claimed as of right. There is no legal or constitutional right insofar as grant-in-aid is concerned.
39. We do not find any defined policy laid down by the Government with regard to the sanction of additional posts and for giving grant to them. We expect the State Government to evolve a defined policy, keeping in view the provisions of Section 12 of the Right to Education Act, thereby laying down the grant of additional posts, powers to grant additional posts so also eligibility for grant-in- aid and the period of entitlement of grant-in-aid for additional posts created.
40. Under the impugned Government Resolution, the Government has held that those posts which would be admissible would be on non grant-in-aid from the year 2013-
14. These posts are admissible for the academic year in which the order was passed by the Education Officer i.e. if the order was passed in February, July or August, 86/87 ::: Uploaded on - 09/05/2017 ::: Downloaded on - 10/05/2017 00:12:10 ::: wp762-15 & connected wps.odt 2011, from the year 2011-12, if order was passed in 2012, from the year 2012-2013, then it can consider providing approval from the said years on non grant in aid instead of the year 2013-14. Reliance placed on the Government Resolutions dated 12.06.2007 and 6.12.2007 by the petitioners would not enure to the benefit of the petitioners.
41. The State Government shall reconsider whether permission on non grant basis would be granted to these divisions/posts from the year, the order was passed of absorbing said divisions i.e. if the order was passed in February and August, 2011, from the year 2011-12 and if the order of absorption was passed in June, July, 2012, from the year 2012-13. The State shall also take final decision in respect of those 14 schools out of 21 in respect of which the decision is not yet taken as is stated in the impugned Government Resolution. The same would be done expeditiously, preferably within four months. Writ petitions accordingly disposed of. No costs. (K. L. WADANE, J.) (S. V. GANGAPURWALA, J. ) JPC 87/87 ::: Uploaded on - 09/05/2017 ::: Downloaded on - 10/05/2017 00:12:10 :::