SHIVAJIS BASU CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Petition is taken up for final hearing with the consent of the respective Advocates, who waive service.

(2.) Petitioner possesses B. A, B. P. Ed, qualifications. He came to be appointed as an Assistant Teacher by the respondent no. 5 School on 1. 7. 1994. The petitioner submitted an application dated 4. 10. 2004 seeking admission to Postal D. Ed. course. The Officers of the respondent no. 2, however, expressed their inability to consider the claim of the petitioner. The petitioner, therefore, approached this Court by filing a Petition being writ Petition No: 2898/2005. The petition was disposed of by an order dated 3. 5. 2005 directing the respondent no. 2 to consider the claim of the petitioner for admission to the said course in accordance with the government policy. By communication dated 17. 8. 2005 the petitioner was intimated that admission to postal D. Ed. course is refused on the ground that petition filed by trained graduate teachers is pending in this Court. The petitioner has impugned this communication in the present petition and seeks a direction to respondent no. 2 to admit him to Postal D. Ed. course for the academic year 2004-05.

(3.) Heard respective Advocates at length. The impugned communication dated 17th August 2005 shows that admission to said course was refused on the ground that Petition of the trained graduate teachers is pending in the High Court. Thus, the only point for consideration is whether admission to the petitioner can be refused to Postal D. Ed. course on the ground that writ Petition of trained graduate teachers is pending in this court.