SANT BHAGWAN BABA SHIKSHAN MANDAL Vs. GUNWANT

JUDGEMENT

(1.) The appellants are aggrieved by the judgment dtd. 17/11/2009, passed by the High Court of Judicature at Bombay, Aurangabad Bench, whereunder a Writ Petition[Writ Petition No. 1895 of 2007] filed by the respondent no.1 praying inter alia for being appointed to the post of Shikshan Sevak in the appellant no.3-School was allowed and the appellants were directed to ensure that he is appointed to the subject post on or before 31/12/2009, in accordance with law.

(2.) We may briefly advert to the relevant sequence of events. The respondent no.1 was appointed as a Peon in the appellant no.3-School, being run by the appellant no.1-Society on 14/6/1991. His appointment to the subject post was approved vide letter dtd. 29/1/1998. While working on the subject post, in the year 2004, the respondent no.1 passed Bachelor of Arts examination from the Yashwant Rao Chavan Open University, Nasik. In the year 2005, he passed the Bachelor of Physical Education Examination. On 10/6/2005, the respondent no.2-State of Maharashtra issued a Government Resolution[For short the 'GR'] for implementation of the revised Shikshan Sevak Yojana in aided Secondary and Higher Secondary Schools/Colleges, D.Ed. Colleges and Sainik Schools in the State. The tenure of the Shikshan Sevak was fixed as three years and it was clarified in paragraph 8 as follows:

(3.) On 15/2/2007, the respondent no.2-State of Maharashtra issued a fresh GR in the background of the Central Government framing the Sarva Shiksha Abhiyan (Education for All Campaign), which left it to the States to develop a framework for appointment of teachers within the guidelines of the National Council of Teachers Education. Keeping in mind the said Scheme, the respondent no.2-State considered it imperative to implement an alternative Scheme for appointing Shikshan Sevaks on vacant posts of teachers in all Secondary/Higher Secondary Schools/Junior Colleges and College Education in the State. For the purposes of implementing the said Scheme, several Resolutions were passed from time to time, starting with the first GR dtd. 13/10/2000, followed by GRs dtd. 26/7/2001, 27/7/2001, 18/12/2003, 28/5/2004, 7/1/2005, 10/1/2005 and 26/4/2006.