TATYARAO PUNJAJI PATIL Vs. MARATHWADA SHIKSHAN PRASARAK MANDAL

JUDGEMENT

(1.) This petition is by nine petitioners, who are employees of respondent No. 1--- Marathwada Shikshan Prasarak Mandal, Aurangabad, through its Secretary one Shri Ramrao Awargaonkar. This Mandal is also represented by respondent No. 1-A--- Shri Balasaheb Pawar--- before us. Respondents Nos. 2, 3, 4 and 5 are the State of Maharashtra, the Education Officer, Z. P., Aurangabad, the Education Officer of Z. P., Beed and the Education Officer, Z. P., Parbhani.

(2.) The petitioners, who are the employees of respondent No. 1, are working as teachers at the high schools maintained and run by respondent No. 1, that is, the Marathwada Shikshan Prasarak Mandal, which is referred to as "the Mandal" in the whole of the petition.

(3.) The petitioners have approached this Court with a prayer that the Mandal, which runs 42 high schools and 9 colleges in Aurangabad, " Parbhani and Beed districts, and respondent No. 2, which has the control- ling authority in respect of the high schools, be directed to implement certain circulars issued by the Government of Maharashtra. It is the contention of the petitioners that the Mandal has got some junior colleges attached to its senior colleges and the petitioners contend that under the two circulars, which are issued by the Government of Maharashtra on 8-1-1980 and 28-4-1980, Exhs. 'C' and 'D' to the petition, the Government has given certain guidelines to be followed in case of transfer of teachers to junior colleges. The petitioners are desirous to enforce the said Government orders at Exhs. 'C' and 'D'. The petitioners' grievance in short is that in view of the said two Circulars, the petitioners, who are the employees of the Mandal, have got a preferential right to be considered for the appointment in the respective junior colleges conducted by the Mandal. This petition was perhaps filed as the Mandal, that is, respondent No. 1, started appointing some other persons ignoring the claim of the petitioners and, therefore, it was also placed for hearing along with other two petitions, namely, Writ Petitions Nos. 48 of 1983 and 201 of 1983, which have just now been disposed of by us.