Bombay High Court
Shri. Devanand Maangopal Borkar vs The Education Officer, (Sec.), Zilla ... on 25 September, 2018
Author: M.G. Giratkar
Bench: B.P. Dharmadhikari, M.G. Giratkar
1 2509wp6289.17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 6289 OF 2017
(Devanand Madangopal Borkar .v. The Education Officer (Sec) and others)
Office Notes, Office Memoranda of Coram
appearances, Court's orders or directions Court's or Judge's Orders
and Registrar's orders.
Shri P.N. Shende, Advocate for the petitioner.
Shri A.M. Kadukar, AGP for respondent No.1.
CORAM : B.P. DHARMADHIKARI AND
M.G. GIRATKAR, JJ.
25TH SEPTEMBER, 2018.
Heard.
2. Petitioner has been declared surplus by order dated 16.09.2017. He has been absorbed in an alternate school by that order. This Court has on 26.09.2017, in the light of arguments advanced, protected his employment.
3. Learned AGP has filed reply affidavit and pointed out the position prevailing on record.
4. Perusal of seniority list shows that petitioner at serial No.3 in seniority list, is in open category and Science teacher teaching Biology subject.
5. Persons claimed to be junior to petitioner are shown at serial Nos.4 and 5 i.e. below petitioner in that seniority list. Person at serial No.4 Shri Shahare belongs to Scheduled Caste and he is Maths teacher. Person at serial No.5 Shri Karinge is Scheduled Tribe and teaching Arts (English).
6. In school, total strength of staff is five. If a person belonging to Scheduled Caste or Scheduled Tribe is declared surplus, the roster proportion mandated by Rule 9(7) of MEPS Rules, 1981 gets disturbed. The provisions of Rule 27(e), therefore, do not permit respondents to declare either Shri ::: Uploaded on - 25/09/2018 ::: Downloaded on - 27/09/2018 01:59:36 ::: 2 2509wp6289.17 Shahare or Shri Karinge as surplus.
7. In this situation, we find no substance in the petition. We however, as interim orders are operating, grant petitioner time till 19th November, 2018 to report in the other school to which he has been sent for absorption.
8. Petition is accordingly disposed of. No costs.
JUDGE JUDGE
*rrg.
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