SUMEDHA SUSHIL SAWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Learned AGP waives service for Respondents/ State. Rule made returnable forthwith. Heard finally by consent.

(2.) The Petitioner No. 1- Employee working as Shikshan Sevak with the Petitioner No. 3- School / Junior College run by the Petitioner No. 2 - Management are jointly challenging the impugned order dtd. 31/12/2014 passed by the Respondent No. 2 - Deputy Director of Education, Kolhapur Region, Kolhpur by which the approval to the appointment of the Petitioner No. 1 as fulltime Shikshan Sevak is refused.

(3.) Few facts necessary for disposal of this case are as under. The Management is running several aided secondary schools and junior colleges including the Petitioner No. 3 School/Junior College. One full time teacher was promoted as supervisor in another school of the management and therefore the said teaching post became vacant. As per the roaster of the school, there was backlog of reservation in SC, ST, DTNT and OBC categories. Therefore the management decided to fill up the said vacancy along with vacancies in other schools. On 19/6/2012, the Management sent application to Respondent No. 2 requesting to send surplus teachers to be absorbed in the said vacancies and if not available then to grant permission to publish advertisement to fill up the vacancies. It was communicated that there is backlog of reservation and hence recruitment is required to be made to clear said backlog.