LAWS(BOM)-2013-6-163

ANKITA ARUN KARALE Vs. BALAJI INTERNATIONAL EDUCATION SOCIETY

Decided On June 21, 2013
Ankita Arun Karale Appellant
V/S
Balaji International Education Society Respondents

JUDGEMENT

(1.) Question whether D.Ed. qualification is enough to claim a post meant for Graduate Trained Teacher in Primary School or then graduate with B.Ed. qualification are alone eligible for is involved in all these petitions. Hence, these petitions are taken up for hearing together. Initially, the matters were taken up for consideration with Writ Petition No. 3046/1995. Later on, it was found that petitioner in said matter was not imparting instructions to his counsel. The said matter thereafter has been disposed of independently by appropriate order. In Writ Petition No. 7/2011, petitioner seeks appointment as trained graduate teacher with effect from 1-10-2003. Her entitlement was looked into by the Education Officer (Secondary) and on 18-7-2011 he has found the present petitioner not eligible because she does not possess B.Ed. The prayer, therefore, is also to quash and set aside said communication. Advocate P.N. Shende has appeared for this petitioner.

(2.) In Writ Petition No. 688/2011, the petitioner seeks similar relief with effect from 1-9-1992. There is no order passed as such holding that as he does not possess B.Ed., he is not eligible to that post. But then, the Education Officer has filed reply-affidavit pointing out that as said petitioner does not possess B.T. or B.Ed. degree, he is not eligible. It is to be noted that this petitioner, as also the petitioner in Writ Petition No. 3046/1995 are represented by Advocate Samarth who assisted the Court in considering his grievance.

(3.) Writ Petition No. 954/2011 is filed by third teacher, who claims that post since August, 2005 with relief to quash and set aside the order dated 18-5-2010. The Education Officer has by said order informed the employer of the petitioner that as she does not possess B.Ed. qualification, approval sought for placing her against 25% post meant for trained graduate cannot be granted. Advocate A.D. Mohgaonkar has assisted the Court in this matter.