.. 1 .. 913 WP-13651-2016.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 13651 OF 2016
Megha Dadaji Deore ] Age: Adult, Occ: Services ] Residing at Post Sawkarwadi, ] Tal. Malegaon, District Nasik ] ...Petitioner Versus
1. The Deputy Director (Education) ] Nashik Divison, Nashik Road Nashik ]
2. The Education Officer (Secondary) ] Zilla Parishad, Nashik Near ] Chatrapati Shivaji Stadium Nashik ]
3. The Chairman ] Sarvangin Vikas Mandal Tehere, ] Taluka Malegaon District Nashik ]
4. The Secretary ] Sarvangin Vikas Mandal Tehere, ] Taluka Malegaon District Nashik ]
5. The Principal ] Samata Vidyalay and Higher ] Secondary School, Tehere, ] Taluka Malegaon District Nashik ] ...Respondents Ms. Varsha Palav a/w. Mr Rekha Musale & Mr. Ajinkya Palav, Advocates i/b. The Laureate, for the Petitioner. Ms. Priyank Chavan, AGP for Respondent Nos.1 & 2/State. Ms. Pooja Malik i/by Mr. N.R. Bubna, Advocate for Respondent Nos.4 & 5.
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CORAM : RAVINDRA V. GHUGE &
M.M. SATHAYE, JJ.
DATE : 12th JUNE, 2025
Husen
HUSENBASHA
RAHAMAN
NADAF
Digitally signed by
HUSENBASHA
RAHAMAN
NADAF
Date:
2025.06.19
14:23:31 +0530
2025:BHC-AS:24210-DB
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JUDGMENT (Per Ravindra V. Ghuge, J.)
1. Rule. Rule made returnable forthwith and heard finally, by the consent of the Parties.
2. The Petitioner has put forth the following prayers :-
"a) Rule be issued;
b) By an appropriate Writ, Order or Direction of this Hon'ble Court, the Respondents be directed to regularize the Petitioner's service as Assistant Teacher for full-time from the date of her appointment i.e. 15thJuly, 1997 till date and the same be continued to teach the subject "Marathi"
with Samata Secondary and Higher Secondary School being run Sarvangin Vikas Mandal, Tehere, Tal. Malegaon, Dist. Nasik; and all the consequential benefits thereto be made available to her;
c) Pending the hearing and disposal of the present petition, this Hon'ble Court be pleased to continue the Petitioner's service as an Assistant Teacher to teach the subject
"Marathi" with Samata Secondary and Higher Secondary School being run Sarvangin Vikas Mandal, Tehere, Tal. Malegaon, Dist. Nasik;"
3. The Petitioner contends that she acquired her Masters Degree (post graduate) in Arts with 1stClass in the Marathi subject, in 1995. She completed her B.Ed course in the Husen
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1996. On 15.07.1997, she was appointed on clock hour basis by the Respondent Management. Such engagement was continued from 12.06.1998, with further orders passed each year. On the basis of the record, it is clear that she was appointed on clock hour basis by the Chairman and Management on year-to-year basis.
4. On 11.12.2010, the Petitioner addressed a letter to the Principal of the School indicating that a full-time sanctioned post for the subject English and Marathi were advertised in Dainik Lokmat Newspaper. The Petitioner was taken back by the said advertisement and she, therefore, requested the Management to consider her case on sympathetic ground for engaging her on a full-time basis. The voluminous records placed before us indicate that even the approval granted by the Competent Authority to the Petitioner's engagement, was purely on clock hour basis, on yearly basis.
5. The Management has relied upon a legal reply dated 21.07.2016 to the legal notice dated 28.06.2016, which was issued on behalf of the Petitioner. The contents of the legal notice were denied by the Management in a lengthy reply and it was also brought to the notice of the Petitioner's Advocate that the Husen
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Petitioner was not reporting for duty on clock hour basis, from 16.06.2016. As per the staffing pattern, there was no work load of a full-time teacher or requirement of a full-time teacher.
6. The learned AGP has referred to the affidavit-in- reply dated 10.08.2018 filed by the Assistant Director of Education, Nashik Region. It is specifically averred that the Petitioner has been consistently engaged by the Management on clock hour basis. The Petitioner was never engaged on a sanctioned aided post of an Assistant Teacher for Marathi subject. It is contended that neither the Petitioner is working from 2016, nor is a vacant permanent post available.
7. The approvals that were recorded by the Education Department were purely on clock hour basis from time to time. The work load handled by the Petitioner was for 11 periods in the academic year 1998-99. The workload was of 12 periods on clock hour basis in the year 2003-04. For academic year 2004- 2005, the approval was for 10 periods on clock hour basis on the condition that the expenditure of the salary would be borne by the Management. Until the academic year 2015, she was working on clock hour basis. In paragraph 21 of the affidavit, it is stated that she never participated in any recruitment process for a Husen
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sanctioned full-time teacher's post.
8. In the light of the above, we do not find that the Petitioner could make out a case for issuance of a direction to treat her service on a full-time sanctioned post. It is beyond debate that an employee can be granted approval for a sanctioned full-time grant-in-aid post only if the post is created under staffing pattern and is available. Moreover, the claimant has to participate in the selection process to be conducted for recruitment to such a post. The Management brings to our notice that the Petitioner has not been working from 2016 onwards. There is no record before us indicating that the Education Department has granted approvals to the Petitioner's engagement on clock hour basis even for the academic year 2017-2018 or thereafter.
9. In view of the above, this Writ Petition is dismissed. Rule is discharged.
(M.M. SATHAYE, J.) (RAVINDRA V. GHUGE, J.)
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