IBRAHIM ISMAIL TADKAL Vs. EDUCATION OFFICER PRIMARY

JUDGEMENT

(1.) By this Writ Petition under Article 226 of the Constitution of India, the petitioner primarily assails the order passed by the Education Officer (Primary), Zilla Parishad, Solapur, bearing No. ZPSO/ Education/Private Primary School, Audit-5/1185, Solapur dated 23rd November, 1994. By the said common order, the proposal regarding grant of approval to the appointment of the petitioner as Drawing Teacher in the respondent No. 4 School came to be rejected by the respondent No. 1 on the sole ground that the petitioner was an untrained teacher. This is the limited controversy to be dealt with in the present Petition. We may note that the relief claimed in this Petition has been confined to issuance of direction to the respondents to pay the salary and other emoluments payable to the petitioner for the period between 8th June, 1994 till 29th April, 1995. In other words, no relief of reinstatement has been prayed in this Petition which was filed as back as in 1997 after the order of termination dated 29th April, 1995. This position is fairly accepted by the Counsel appearing for the petitioner across the Bar at the time of hearing.

(2.) It is common ground that at the relevant time when the petitioner was appointed in the respondent No. 5 School on 8th June, 1994, he possessed Art Teachers Diploma, which qualified him to teach subject Drawing in a Primary School. Whether the petitioner can be, therefore, considered as trained or untrained teacher, will have to be examined in the context of the provisions in the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. Rule 2(k) defines the term "trained teacher". It reads thus :

(3.) The qualification of primary teachers is specified in Schedule 'B' to the Rules. Insofar as Drawing teacher is concerned, clause 1.2 provides as under :