DATTA EDUCATION SOCIETY Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith, and heard finally with the consent of the parties.

(2.) This Petition takes exception to the impugned order dated 11.09.2014 passed by respondent no.3 - Deputy Director of Education, Latur, confirming the approval granted to the appointments of respondent nos. 5 and 6 on the post of Shikshan Sevak in respondent no.7 school on 10.08.2012. It is further prayed that the appointment orders dated 29.02.2012 of respondent nos. 5 and 6 on the post of Shikshan Sevak in respondent no.7 school and the approval dated 10.08.2012 be quashed and set aside.

(3.) The learned Senior Counsel appearing for the petitioner submits that the Managing Committee belonging to the group of which the petitioner is member, was elected in the year 2009, and since then they are looking after the affairs of the trust. The new Committee is again elected in June, 2012, for further period of three years. Accordingly, all respondent authorities were informed that the group of petitioner is elected on 04.08.2009 and change report was also filed. Thereafter, even from the year 2012, the group of petitioner is elected and even rival group did not file any change report before the Assistant Charity Commissioner. It is submitted that as the posts were vacant in the school run by the petitioner, the petitioner made an application on 31.08.2012 to respondent no.3 - Deputy Director of Education, requesting to grant permission to fill in the said vacant posts. It was stated in the application addressed to the Education Officer that the rival group, who has no lawful authority, is claiming that they are in power and trying to appoint their relatives on the vacant posts. It is submitted that in the month of December, 2012, some members of the present Managing Committee learnt that respondent nos. 5 and 6 are appointed as Shikshan Sevak by the Headmaster. The petitioner filed application under Right to Information Act (in short 'RTI Act') to the Headmaster, seeking information of such appointments. Accordingly, the information was received, disclosing that respondent nos. 5 and 6 are appointed as Shikshan Sevak.