KRUSHNAMAI SHIKSHAN PRASARAK MANDAL DHAMNER, TAL-KOREGAON, DISTRICT-SATARA Vs. STATE OF MAHARASHTRA,
LAWS(BOM)-2018-5-52
HIGH COURT OF BOMBAY
Decided on May 03,2018

Krushnamai Shikshan Prasarak Mandal Dhamner, Tal-Koregaon, District-Satara Appellant
VERSUS
STATE OF MAHARASHTRA, Respondents

JUDGEMENT

A.K. Menon, J. - (1.) By this writ petition, the petitioner challenges the action of the respondent-State in having issued the impugned order dated 2nd December, 2016 sanctioning the teaching posts in the schools of the petitioner as a result of which the number of posts stands reduced.
(2.) The facts is brief are as follows:- The petitioner runs an educational institution by the name Karmaveer Bhaurao Patil Vidyalaya, Dhamner in Satara District. The first respondent is the State and the second respondent is Education Officer (Secondary), Zilla Parishad, Satara, who is the sanctioning authority for posts of teachers and non-teaching staff in secondary schools within the District. The second respondent is also the competent authority to grant approval to the appointment of employees, sanctioning teaching & non-teaching posts and releasing grants for payment of salary to such employees.
(3.) In 1972-73, the petitioner is believed to have started a Marathi Medium School in Village Dhamner for Standard VIII students as per permission granted by the State Government. The second respondent granted recognition to the school on 25th October, 1972. In 1973, as a result of natural growth, the second respondent granted permission to start Standard IX in the said school followed by Standard X in 1974. Thus, the school had classes from Standard VIII to X. In due course there was a need felt for Standard V to VII in view of the fact that in the locality no such schools were available. The petitioner, therefore, applied for permission to commence Standards V to VII. Initially, they were granted permission for Standard V then Standard VI and by order dated 23rd July, 1979 to commence Standard VII. As a result, the petitioner school began conducting Standard V to X. Village Kathapur lay at a distance of 5 to 6 kms from Dhamner Village. The students of that Kathapur had no access to education and the number of students were not sufficient to grant permission to set up an independent school. Considering the need for the education of the children of Kathapur, the petitioner applied to the State Government for permission to open a branch at village Kathapur.;


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