LAWS(SC)-2015-9-25

RAMESH Vs. STATE OF MAHARASHTRA AND ORS.

Decided On September 08, 2015
RAMESH Appellant
V/S
State of Maharashtra And Ors. Respondents

JUDGEMENT

(1.) This appeal is directed against order dated 20.12.2006 passed by High Court of Judicature at Bombay, Bench at Aurangabad whereby Writ Petition No. 2195 of 2005 has been dismissed. In said writ petition, the Appellant had sought direction that condition imposed by authorities of Education Department of State of Maharashtra, regarding requirement of passing Postal D. Ed. course by incumbents who possessed Diploma in Teaching after 31.05.1993 from unrecognized university, be relaxed and waived.

(2.) We have heard learned Counsel for the parties and perused the papers on record.

(3.) Brief facts of the case are that the Appellant obtained Diploma in Teaching course from "Devi Ahilya Vishwa Vidyalaya, Indore" in the year 1996. He was appointed as Assistant Teacher in "Swami Samarth Vidya Mandir", Jai Bhavan Nagar on 14.06.1999 in the pay scale of Rs. 4500-9000 by Respondent No. 6. It is not disputed that, vide circular/resolution dated 31.05.1993, Diploma in Teaching from "Devi Ahilya Vishwa Vidyalaya, Indore" was already de-recognized for appointment of Assistant Teachers in primary schools in the State of Maharashtra. However, after being appointed as primary school teacher run by Swami Smarth Vidya Mandir (Respondent No. 6), the Appellant continued in service. Since the qualification obtained by the Appellant from "Devi Ahilya Vishwa Vidyalaya, Indore" was not recognized, and he apprehended termination from service, as such he knocked the doors of High Court through writ petition which was dismissed on 20.12.2006, as mentioned above.