PUNAMCHAND KHANDERAO Vs. DY DIRECTOR OF EDUCATION

JUDGEMENT

(1.) RULE . The learned A.G.P. waives service for the Respondents Nos.1, 2 and 5. The Respondent No.3 is the School run by the Respondent No.4-Trust. Shri Ramesh Sitaram Kamble, Secretary of Respondent No.4, has filed an affidavit-in-reply and it is reflected from the said affidavit that the Respondents Nos.3 and 4 have submitted to the orders of this Court. Considering the facts and circumstances of the case, we have taken up the petition for final hearing forthwith.

(2.) BY this petition under Article 226 of the Constitution of India, the Petitioner is praying for quashing the order dated 17th March 2005 passed by the Deputy Director of Education and for a consequential direction to the Respondents Nos.1 and 2 to grant approval for the post of the Petitioner as Assistant Teacher in Respondent No.3-School either from the date of his initial appointment on 25th September 1997 or from the year 2001 and further directing the Respondents Nos.2, 3 and 4 to pay the Petitioner his monthly salary regularly and arrears of his salary with effect from 25th September 1997 as per the relevant pay-scale.

(3.) THE learned Counsel appearing for the Petitioner assailed the impugned order by pointing out that the Deputy Director has completely misread the Government Circular dated 17th January 2001. He submitted that the said Circular itself provides that though the educational qualification for teachers of primary schools is D.Ed., in view of the decision of this Court in Writ Petition No.4158 of 1998, out of the post of teachers approved for standards V to VII in private secondary schools, 75% posts are to be filled in by candidates who are non-graduate trained teachers and 25% posts are to be filled in by the candidates who are graduate trained teachers holding B.A./B.Com./B.Sc. degrees along with B.Ed. degree. He also placed reliance on the Circular dated 1st February 2001 issued by the State Government and submitted that the Petitioner will have to be treated as a trained graduate teacher. The learned Counsel for the Petitioner placed reliance on an unreported decision of this Court dated 6th May 2004 in Writ Petition No.4632 of 1999 along with other connected petitions. The learned Counsel also placed reliance on an another decision of this Court reported in (Kondiba s/o.Dattarao Mirashe vs. State of Maharashtra & ors.).