Judgment 1 J-WP No.3797.2023.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 3797 OF 2023 1) Manoj S/o. Shamrao Borkar, Aged about 50 years, Occu.-Cluster Head, R/o. Cluster Pachkhedi, taluka Kuhi, District Nagpur. 2) Sunil S/o. Nagorao Balpande, Aged about 46 years, Occ.-Cluster Head, R/o. Panchayat Samiti Kamptee Cluster, District Nagpur. 3) Ishwardas S/o. Vitthalrao Bhade, Aged about 54 years, Occu.-Cluster Head, R/o. Cluster Khapa, taluka Narkhed, District Nagpur. 4) Sau. Lalita Sanjay Chamat, Aged about 51 years, Occu.-Cluster Head, R/o. Cluster Champa, taluka Umred, District Nagpur. 5) Dilip S/o. Sakaram Sahare, Aged about 53 years, Occu.-Cluster Head, R/o. Cluster Saleshahari, Taluka Bhivapur, District Nagpur. 6) Sarjerao S/o. Maroti Gomkar, Aged about 54 years, Occu.-Cluster Head, R/o. Main Bhivapur, Taluka-Bhiwapur, District Nagpur. 2025:BHC-NAG:10873-DB Judgment 2 J-WP No.3797.2023.odt 7) Pramod S/o. Panjabrao Surose, Aged about 49 years, Occu.-Cluster Head, R/o. Cluster Hiwarabazar, Taluka Ramtek, District Nagpur. 8) Chhagan S/o. Bapurao Rane, Aged about 50 years Occu.-Cluster Head, R/o. Cluster Sirsi, Taluka Umred, District Nagpur. 9) Madhukar S./o Nanaji Pajai, Aged about 48 years, Occu.-Cluster Head, R/o. Cluster Bela, Taluka Umred, District Nagpur. 10) Nilkanth S/o. Ramkrushna Lohakare, Aged about 52 years, Occu.-Cluster Head, R/o. Cluster Kondali, Taluka Katol, District Nagpur. 11) Suresh S/o. Devrao Padole, Aged about 50 years, Occu.-Cluster Head, R/o. Cluster Vandba, Taluka Ramtek, District Nagpur. 12) Sau. Pramila Deepakrao Tidke, Aged about 50 years, Occu.-Cluster Head, R/o. Cluster Yerkheda, Taluka Kamptee, District Nagpur. 13) Mahendra S/o. Barikrao Dhargave, Aged about 47 years, Occu.-Cluster Head, R/o. Cluster Kuchba, Taluka Kuhi, District Nagpur. Judgment 3 J-WP No.3797.2023.odt 14) Ashok S/o. Ramchandra Banate, Aged about 54 years, Occu.-Cluster Head, R/o. Cluster Mandal, Taluka Kuhi, District Nagpur. 15) Leeladhar S/o. Pandhari Sonvane, Aged about 42 years, Occu.-Cluster Head, R/o. Cluster Mangsa, Taluka Saoner, District Nagpur. 16) Sangapal S/o. Tejram Meshram, Aged about 52 years, Occu,-Cluster Head, R/o. Vihirgaon Nagpur Gramin, District Nagpur. 17) Arvind S/o. Mahadev Bhivgade, Aged about 37 years, Occu.-Cluster Head, R/o. Cluster Dhamori, Taluka Mauda, District Nagpur. 18) Sanjay S/o. Prataprao Burange, Aged about 56 years, Occu.-Cluster Head, R/o. Cluster Selu, Taluka Kalmeshwar, District Nagpur. 19) Rajaram S/o. Anklu Ratnam, Aged about 48 years, Occu.-Cluster Head, R/o. Cluster Vestur, Taluka Kuhi, District Nagpur. 20) Vaishali Someshwar Thakre, Aged about 51 years, Occu.-Cluster Head, R/o. Cluster Umri, Taluka Saoner, District Nagpur. Judgment 4 J-WP No.3797.2023.odt 21) Madan S/o. Keshao Wankar, Aged about 56 years, Occu.-Cluster Head, R/o. Cluster Pimpalgaon, Taluka Narkhed, District Nagpur. 22) Pandurang S/o. Tukaram Mankar, Aged about 49 years, Occu.-Cluster Head, R/o. Cluster Maiwadi, Taluka Narkhed, District Nagpur. 23) Chandrabhan S/o. Arun Shobhane, Aged about 37 years, Occu.-Cluster Head, R/o. Cluster Kelwad, Taluka Saoner, District Nagpur. 24) Anilkumar S/o. Narayan Patre, Aged about 37 years, Occu.-Cluster Head, R/o. Mauda Rewaral, Taluka Mauda, District Nagpur. 25) Naryan S/o. Unkandrao Chafle, Aged about 46 years, Occu.-Cluster Head, R/o. Cluster Butibori, Taluka Nagpur, District Nagpur. 26) Raju S/o. Murlidhar Bharade, Aged about 41 years, Occu.-Cluster Head, R/o. Cluster Aajni, Taluka Saoner, District Nagpur. 27) Abhiman S/o. Gajanan Wanjari, Aged about 54 years, Occu.-Cluster Head, R/o. Cluster Adam, Taluka Kuhi, District Nagpur. Judgment 5 J-WP No.3797.2023.odt 28) Kiran W/o. Mahendra Wanjari, Aged about 49 years, Occu.-Cluster Head, R/o. Cluster Dhapewada, Taluka Kalmeshwar, District Nagpur. 29) Mamta W/o. Tushar Patil, Aged about 51 years, Occu.-Cluster Head, R/o. Cluster Parseoni, Taluka Parseoni, District Nagpur. 30) Parasram S/o. Raghuram Pillewan, Aged about 56 years, Occu.-Cluster Head, R/o. Cluster Mahalgaon, Taluka Bhivapur, District Nagpur. 31) Raju S/o. Gulabrao Lende, Aged about 48 years, Occu.-Cluster Head, R/o. Cluster Devgram, Taluka Narkhed, District Nagpur. 32) Jeevanlal S/o. Vithalrao Chimote, Aged about 53 years, Occu.-Cluster Head, R/o. Cluster Ambala Say, Taluka Narkhed, District Nagpur. 33) Sau. Nirmala W/o. Dashrath Maskar, Aged about 56 years, Occu.-Cluster Head, R/o. Cluster Mauda, Taluka Mauda, District Nagpur. 34) Rajendra S/o. Wamanrao Bhalwatkar, Aged about 55 years, Occu-Cluster Head, R/o. Cluster Nanda, Taluka Saoner, District Nagpur. Judgment 6 J-WP No.3797.2023.odt 35) Prachiti Navnath Katkade, Aged about 36 years, Occu.-Cluster Head, R/o. Cluster Rajoja, Taluka Kuhi, District Nagpur. 36) Maya Surendra Shende, Aged about 54 years, Occu.-Cluster Head, R/o. Cluster Kavdas, Taluka Hingna, District Nagpur. 37) Ravindra S/o. Shankarrao Nakshine, Aged about 55 years, Occu.-Cluster Head, R/o. Cluster Besure, Taluka Bhivapur, District Nagpur. 38) Rustam S/o. Somaji Motghare, Aged about 49 years, Occu.-Cluster Head, R/o. Cluster Aroli, Taluka Mauda, District Nagpur. 39) Usha Vikasrao Chavhan, Aged about 50 years, Occu.-Cluster Head, R/o. Cluster Fegau, Taluka Kuhi, District Nagpur. 40) Sanghapal S/o. Maratrao Shambharkar, Aged about 55 years, Occu.-Cluster Head, R/o. Cluster Adegaon, Taluka Hingna, District Nagpur. 41) Dyaneshwar S/o. Govindrao Aapturkar, Aged about 54 years, Occu.-Cluster Head, R/o. Cluster Hingna, Taluka Hingna, District Nagpur. Judgment 7 J-WP No.3797.2023.odt 42) Pramod S/o. Ganpatrao Raut, Aged about 56 years, Occu.-Cluster Head, R/o. Cluster Sonegaon Lodhi, Taluka Nagpur, District Nagpur. 43) Vanmala Prabhakar Dokremare, Aged about 57 years, Occu.-Cluster Head, R/o. Cluster Rama, Taluka Nagpur, District Nagpur. 44) Pravin S/o. Shankarrao Bendle, Aged about 56 years, Occu.-Cluster Head, R/o. Cluster Warada, Taluka Parseoni, District Nagpur. 45) Urmila S/o. Naresh Gaikwad, Aged about 53 years, Occu.-Cluster Head, R/o. Cluster Sathak, Taluka Parseoni, District Nagpur. 46) Arun S/o Rambhau Game, Aged about 56 years, Occu.-Cluster Head, R/o. Cluster Kondamendi, Taluka Mauda, District Nagpur. 47) Ganesh S/o Maroti Lute, Aged about 45 years, Occu.-Cluster Head, R/o. Cluster Navegao Khairi, Taluka Parseoni, District Nagpur. 48) Chetna D/o Ashok Bobade, Aged about 53 years, Occu.-Cluster Head, R/o. Cluster Sathak, Taluka Parseoni, District Nagpur. Judgment 8 J-WP No.3797.2023.odt 49) Prashant S/o Shatrugan Tembhurne, Aged about 44 years, Occu.-Cluster Head, R/o. Cluster Pahami, Taluka Bhivapur, District Nagpur. 50) Sunil S/o Tarachand Wanjari, Aged about 54 years, Occu.-Cluster Head, R/o. Cluster Davha, Taluka Umred, District Nagpur. 51) Maheshkumar S/o Gajananrao Rakesh, Aged about 53 years, Occu.-Cluster Head, R/o. Cluster Linga, Taluka Katol, District Nagpur. 52) Ramesh S/o Jangluji Gadve, Aged about 54 years, Occu.- Cluster Head, R/o. Cluster Dhavadapur, Taluka Katol, District Nagpur. 53) Narendra S/o Nathuji Bhoyar, Aged about 57 years, Occu.-Cluster Head, R/o. Cluster Kachari Sawang, Taluka Katol, District Nagpur. 54) Pandurang S/o Tukaram Bhingare, Aged about 56 years, Occu.-Cluster Head, R/o. Cluster Zilpa, Taluka Katol, District Nagpur. 55) Narendra S/o Ramchandra Bhodade, Aged about 54 years, Occu.-Cluster Head, R/o. Cluster Khangaon, Taluka Katol, District Nagpur. Judgment 9 J-WP No.3797.2023.odt 56) Moreshwar S/o Sampantrao Sabale, Aged about 53 years, Occu.-Cluster Head, R/o. Cluster Yenava, Taluka Katol, District Nagpur. 57) Pramod S/o Nagorao Wankhede, Aged about 53 years, Occu.-Cluster Head, R/o. Cluster Masod, Taluka Katol, District Nagpur. 58) Nilkanth S/o Madhavrao Madankar, Aged about 57 years, Occu.-Cluster Head, R/o. Cluster Murti, Taluka Katol, District Nagpur. 59) Surendra S/o Baburao Kolhe, Aged about 56 years, Occu.-Cluster Head, R/o. Cluster Methpanjara, Taluka Katol, District Nagpur. 60) Rambhau S/o Gulabrao Dharme, Aged about 56 years, Occu.-Cluster Head, R/o. Cluster Linga, Taluka Katol, District Nagpur. 61) Vijay S/o Narhari Kreepal, Aged about 54 years, Occu.-Cluster Head, R/o. Cluster Mohgaon, Taluka Hingna, District Nagpur. 62) Jitendra S/o Arvind Thakre, Aged about 52 years, Occu.-Cluster Head, R/o. Cluster Kochchi, Taluka Saoner, District Nagpur. Judgment 10 J-WP No.3797.2023.odt 63) Chandrashekhar s/o Ramcharan Mayawade, Aged about 46 years, Occu.-Cluster Head, R/o. Cluster Nagardhan, Taluka Ramtek, District Nagpur. 64) Pralhad S/o Shamrao Kowache, Aged about 45 years, Occu.-Cluster Head, R/o. Cluster Kachurwahi, Taluka Ramtek, District Nagpur. 65) Vikas S/o Sukhadew Ganvir, Aged about 38 years, Occu.-Cluster Head, R/o. Cluster Shiwani, Taluka Ramtek, District Nagpur. 66) Pratibha Pravin Bisan, Aged about 56 years, R/o. Cluster Amdi, Taluka Parshioni, District Nagpur. …. PETITIONERS // VERSUS // 1) State of Maharashtra, Through its Secretary, Department of Rural Development, Mantralaya, Mumbai-32. 2) State of Maharashtra, Through its Secretary, Department of School Education, Mantralaya, Mumbai-32. 3) Maharashtra State Examination Council, Through its Commissioner, Off: 17, Dr. Ambedkar Marg, Near Lal Temple, Pune-01. Judgment 11 J-WP No.3797.2023.odt 4) Institute of Banking Personnel Selection (IBPS), through its Chairman, Off: IBPS House, 90 feet, D.P. Road, Near Thakur Polytechnic Office, Western Express Highways, P.B. No. 8587, Kandivali (E), Mumbai 400101, India. 5) Divisional Commissioner, Nagpur Division Nagpur. 6) Zilla Parishad Nagpur, through its Chief Executive Officer, Nagpur. 7) Pratab Vijayrao Manbhekar, Aged about 54 years, occ. Service, R/o 58, Kashinagar, Rameshwari Bus Stand, Nagpur. 8) Sanjay Bhimraoji Mange, Aged about 55 years, occ. Service, r/o 71/B, Azad Hind Nagar, Jaitala Road, Nagpur, 9) Mohan Madanrao Jumade, Aged about 56 years, occ. Service, r/o Ashirwad Nagar, Behind Dr. Kedar Nursing Home. 10) Sunita Pramod Ubarhande, Aged about 54 years, occ. Service, r/o pl no. 9394, Samajbhushan Society, near Kiran TV. Point, Katol Road, Nagpur Judgment 12 J-WP No.3797.2023.odt 11) Nandu Donuji Chute, Aged about 54 years, occ. Service, r/o 89, Mahatma Gandhi Nagar, 2, Hudkeshwar Road, Nagpur. 12) Nandesh Narayan Wanjari, Aged about 53 years, occ. Service, r/o 82, Dattatraya Nagar, Nagpur. 13) Arvind Moreshwar Ganar, Aged about 55 years, occ. Service, r/o 6046/3/B, Balaji Nagar (Vistar) Manewada Road, Nagpur. 14) Shrikant Marotrao Sabalkar, Aged about 57 years, occ service, r/o 48, Patel Nagar, Borgaon, Gorewada Road, Nagpur. 15) Sharayu Atulrao Thakre, Aged about 57 years, occ. Service, r/o 34, Professor Colony, Ranala, Kalamna Road, Kamthi, Nagpur 16) Sau. Vandana Shashikant Khasale, Aged about 56 years, occ. Service, r/o 35, Venu-Nad, Shriramwadi, Ayodhyanagar, Nagpur. 17) Shashikant Namdeorao Warokar, aged about 57 years, occ. Service, r/o plot no. 27, Mire layout, Umred road, Nagpur. Judgment 13 J-WP No.3797.2023.odt 18) Shri Iqbal Dilawar Sheikh, Aged about 56 years, occ. Service, r/o 102, Rediyan Apartment Pallotinagar, Nagpur. 19) Vinod S. Kumbhare, Aged about 57 years, Occ. Service, r/o pl.no.27, Mire Layout Umred road, Nagpur. 20) Pramod Nilkanthrao Lonare, Aged about 55 years, occ. Service, r/o 74, Anant Nagar, Katol Road, Nagpur. 21) Nandkishore Atmaram Kale, Aged about 47 years occ. Service, r/o House no. 1498, Ward no. 9, Deshmukhwadi, Hingna, Tah. Hingna, Dist Nagpur. 22) Vishnu Bondre, Aged about 52 years, occ. Service, / E-508, N.I.T. Complex, г о Ayurvedic Layout, Umred Road, Nagpur. 23) Nandkishore Ramraoji Akarte, Aged about 52 years, occ. Service, R/o. 105, Nilkanth Nagar, Hudkeshwar Road Nagpur. 24) Khemraj Keshao Tajane, Aged about 53 years, occ. Service, r/o pl.no. 16 Durga Laxmi Layout, Pandhurna Road, Saoner, Nagpur. Judgment 14 J-WP No.3797.2023.odt 25) Sharda Namdeo Bhoyar @Sharda Tika Ramji Raut, Aged about 57 years, Occ. Service, / 199, Surve Layout, Nagpur. г о 26) Sau. Kalpana Madanrao Dashontar, aged about 57 years, r/o. Tilak Putala, Mahal, Nagpur 27) Sunil Kanhere, Aged about 56 years, Occ. Service, Indraprast Nagar, Nagpur Intervenors added as per Court’s judgment dated 10/10/2025 …. RESPONDENTS ---------------------------------------------------------------------------------------- Mr. S. S. Dhengale, Advocate Advocate for the Petitioner. Mr. J. Y. Ghurde, Assistant Government Pleader for Respondent Nos.1, 2 and 5. Mr. Sk. S. Jagirdar, Advocate for Respondent No.6. Mr. P. P. Thakare, Advocate for Intervenors. ---------------------------------------------------------------------------------------- CORAM : MRS. M. S. JAWALKAR AND RAJ D. WAKODE, JJ. DATE O N RESERVING THE JUDGMENT : 24.09.2025 DATE ON PRONOUNCING THE JUDGMENT : 10.10.2025 JUDGMENT : (Per – M. S. JAWALKAR, J.) 1. Heard. Matter is taken up for final hearing at the stage of admission by consent of the parties and at the request of parties. Judgment 15 J-WP No.3797.2023.odt 2. Being aggrieved by the incorrect vacancy position shown in the advertisement, the petitioners are challenging the Advertisement dated 05/06/2023, showing 68 vacant posts of Cluster Heads for Nagpur District, though in reality only 16 posts are vacant. Out of those 16 posts, 50% are to be filled in by promotion and remaining 50% to be filled in competitive examination in view of the Government Resolution dated 01/12/2022. As per Government Resolution dated 01/12/2022, vacancies can be filled only after retirement of the working incumbents, but the respondents have wrongly treated the petitioners’ posts as vacant. The petitioners are duly appointed as ‘Adhoc Cluster Heads’ through counselling and seniority, working continuously without break, included in the seniority list, and even transferred like regular officers. 3. The petitioners submitted that they were promoted as ‘Adhoc Cluster Heads’ under Government Resolution dated 01/08/2019, through due process of law. They were selected from the seniority list after interview and counselling held on 21/12/2021, and since then, they have been continuously Judgment 16 J-WP No.3797.2023.odt working on the said posts. Their appointments are in accordance with the prescribed rules and norms, as they are trained graduate teachers with B.Ed qualifications and amongst the senior-most in the district. 4. The petitioners’ further submitted that their services are regular in nature and they are included in the seniority list, which have been subjected to transfers in the 2023 general transfer, and some are even entrusted with the charge of Deputy Education Officer. Therefore, the services as a promoted Adhoc Cluster Head cannot be treated to be as vacant post, as shown in the advertisement dated 05/06/2023. The petitioners have never received any order of termination of their service to that effect. Declaring their posts vacant while they are in service is prima facie illegal and arbitrary. In view of that the Advertisement dated 05/06/2023, issued by the Respondent No.3 Maharashtra State Examination Council, needs to be quashed and set aside to extent of 68 vacant posts shown at Serial No.10 for Nagpur District thereby correcting the same by 8 vacant posts. Judgment 17 J-WP No.3797.2023.odt 5. The learned Counsel for the Petitioner relied on Civil Appeal No. 4807 of 2022 (Arising out of SLP (CIVIL) No. 19886 of 2019) Union of India & ors. Vs. Mahendra Singh, dated 25th July, 2022. 6. The respondent No-6 Zilla Parishad, Nagpur contended that the Government Resolution dated 01/08/2019 is not at all properly interpreted by the petitioners, the G.R. dated 1/8/2019 issued by the Government Administration Department. As per clause-2 of the above Government Resolution dated 01/08/2019, there is no need to take approval or sanction by the Maharashtra Public Service Commission(MPSC), being Adhoc promotion/appointment. 7. It is further submitted by the respondent that the petitioners had filed a Representation dated 14/06/2023, which was decided on 30/06/2023 and it was orally communicated to them. However, the petitioners have suppressed this fact before this Court and have not submitted any supporting documents. Respondent No.6 now places the said representation on record. Judgment 18 J-WP No.3797.2023.odt It is also submitted by the respondent that as per Government Resolution dated 08/10/1990, the petitioners' appointments were purely temporary. The Communication dated 23/03/2022 also clarifies that the promotions granted were ad-hoc in nature under Condition No.5, and the petitioners cannot claim any right to a permanent post. 8. The respondent No.6 further contended that the Court may exercise jurisdiction under Article 226 even when an alternative remedy exists, as held in Commissioner of Income Tax & Ors. Vs. Chhabil Dass Agrawal, reported in 2014(1) SCC 603, however, the petitioners had already availed the remedy by approaching the competent authority but failed to disclose this fact. 9. The contention of the respondent No.5 – Divisional Commissioner, Nagpur Division, Nagpur is that the Government of Maharashtra, General Administration Department vide it's Government Resolution dated 01/08/2019 issued guidelines and as per Clause 2, there is no need to take approval from the Judgment 19 J-WP No.3797.2023.odt MPSC for ad-hoc promotions. Accordingly, all petitioners were temporarily promoted as Ad-hoc Cluster Heads. Respondent No. 5 advanced the same arguments as of Respondent No. 6 10. The respondent No.5 further submitted that vide communication dated 18/11/2021, approval was granted to fill the vacant Ad-hoc Cluster Head posts through promotion and by competitive examination on a temporary basis. Therefore, the petitioners cannot claim right over the said post, the same has been confirmed vide Communication dated 23/03/2022 by the Education Officer (Primary), Zilla Parishad, Nagpur, in terms and conditions. 11. The applicants/intervenors filed an application for intervention and contended that they are all working as Upper Graduate Teacher in various Schools of Zilla Parishad, within the jurisdiction of Nagpur. The petitioners were appointed as Ad-hoc Cluster Heads purely on a temporary basis for 11 months under the order dated 01/04/2022, subject to specific conditions including automatic termination upon appointment of direct Judgment 20 J-WP No.3797.2023.odt recruits (Clause 9). These appointments were made without Departmental Promotion Committee (DPC) approval and in violation of eligibility norms, including the requirement of three years’ post-graduation experience, and therefore cannot be treated as permanent or valid promotions. Clause 9 specifically provides that if any direct recruit is appointed, then the said temporary service shall be automatically discontinued. 12. The intervenors further submitted that the petitioners are also not senior most employees to claim promotion as ‘Kendra Pramukh’, on the contrary the present applicants/ intervenors are senior to the petitioners therefore they are more entitled for promotion as ‘Kendra Pramukh’. The Government mandated 40% quota for Adhoc Cluster Heads has been exceeded with 66 out of 136 posts filled temporarily. Further, the revised Government Resolution dated 01/12/2022 prescribes a 50:50 ratio for direct recruitment and promotion, requiring a minimum of three years’ continuous service as ‘Assistant Teacher’ for promotion. The petitioners do not meet these criteria, Judgment 21 J-WP No.3797.2023.odt whereas the applicants/intervenors are senior, qualified, and have over 20–25 years of continuous service. 13. The intervenors contended that the Chief Executive Officer's (CEO) order dated 30/06/2023 promoting the petitioners was passed despite the status quo order in W.P. No. 4500/2014, and without considering valid objections raised by the applicants on 20/06/2023. The CEO also acted beyond his authority by issuing promotions without DPC recommendation, in violation of the applicable Government Resolutions dated 01/12/2022, 27/09/2023, and 27/12/2023. The intervenors further submitted that the applicants/intervenors are senior, eligible, and directly affected by the outcome of the present petition. 14. At the outset, the Application for intervention is allowed, because the Intervenors will be directly affected with the result of this Writ Petition. The Intervenors be added as party Respondents in the Petition. Judgment 22 J-WP No.3797.2023.odt 15. Heard the petitioners, respondent and intervenors at length, perused the documents placed on record by the respective parties and considered the citation relied on by the petitioners. 16. Admittedly, the Petitioners were appointed as Ad-hoc Cluster Heads. It is made clear in the appointment order dated 21/12/2021 itself that the appointment will be of ad-hoc nature. The Employees to whom such promotion is granted as an Ad- hoc Cluster Heads, they will not get any benefit of seniority. Such promotion on ad-hoc basis will be continued untill there is selection of candidates by direct recruitment through the District Selection Committee or till 11 months from the date of the promotion, whichever is earlier. It is also made clear that the ad-hoc promotees, as a Cluster Heads, will not get the pay band of regular Cluster Heads, nor they will get the additional benefits applicable to the Cluster Heads. 17. On perusal of the order dated 30/06/2023, it can be seen that the Petitioners were clearly appointed on ad-hoc basis. The list mentioned in the document is in respect of those Judgment 23 J-WP No.3797.2023.odt teachers whose ad-hoc promotion was regularized as they are senior most teachers. This regularization was subject to result of the Writ Petition No. 4500/2014. After accepting such ad-hoc promotion, without any right from the said post, now the Petitioners came up with a prayer that the advertisement issued by the Maharashtra State Examination Council – Respondent No. 3, dated 05/06/2023 showing 68 vacant posts of Cluster Heads be modified and only 8 posts be shown as the vacant posts. This contention is on the ground that they have already occupied the post of Cluster Heads. By way of amendment, the Petitioners also seeking relief of regularization of their services as Cluster Heads at par with 26 candidates whose services are regularized as per the order dated 30/06/2023 by the Respondent No. 6 – Chief Executive Officer, Zilla Parishad, Nagpur. 18. It is the contention of the Petitioners that in view of the Clause (13) of the Government Resolution dated 01/12/2022 when post of Kendra Pramukh were already been filled in by the appointments of the Petitioners, the same is legal Judgment 24 J-WP No.3797.2023.odt as it is completed prior to 01/12/2022. In fact, Clause (13) of the said Government Resolution applies to the regular appointment of the Cluster Heads. It is not in respect of the ad- hoc appointment. All these relevant Government Resolutions and communications are in respect of the regular appointment of the Cluster Heads and not in respect of the ad-hoc appointment of the Cluster Heads. It is the not the claim of the Petitioners that the ad-hoc Cluster Heads which were regularized were not senior most and not having requisite qualification. The three years experience is the minimum experience and their appointments would be as per their seniority. 19. There is no merit in the Petition and the same is therefore dismissed. In view of this, the contentions of the intervenors do not survive. Pending Application(s), if any, stand(s) disposed of. (RAJ D. WAKODE, J.) (SMT. M.S. JAWALKAR, J.) Kirtak/Ansari