RAMESH Vs. STATE OF MAHARASHTRA AND ORS

JUDGEMENT

(1.) On a reference made by the Division Bench of this Court while hearing Writ Petition No. 2195 of 2005, the Honourable the Chief Justice has constituted this Full Bench. The facts leading to the constitution of this Full Bench are stated hereunder :-

(2.) Writ Petition No. 2195 of 2005 was filed by the present petitioner who had prayed that this Court should hold that the condition of passing Postal D.Ed. Course by the incumbents possessing Diploma in Teaching after 31.5.1993 and appointed as Assistant Teacher shall be deemed to have been relaxed and waived and therefore all such Assistant Teachers shall be treated as trained Assistant Teachers for all purposes and benefits by the respondents. The petitioner had also prayed to hold and declare that the proposal dated 30.9.2000 for approval to the appointment of the petitioner from 14.6.1999 as Assistant Teacher in the primary school of respondent Nos. 6 and 7 shall be deemed to have been granted and the petitioner is entitled to all the benefits including the salary thereof. In the alternative it was prayed by the petitioner to direct the respondents to forthwith give admission to the petitioner to the postal D.Ed. Course as per the decision dated 11.6.2001. By virtue of amended prayer clause C-1, the petitioner prayed to hold and declare that the petitioner who holds the Diploma in Teaching from Devi Ahilya Vishwa Vidyalaya, Indore (MP) shall be treated as trained teacher for all purposes and benefits by the respondents.

(3.) The petitioner claimed that after passing higher secondary certificate examination of Standard XII in March, 1994, which was conducted by the Maharashtra State Board of Secondary and Higher Secondary Education, he joined the Diploma Course in teaching (Dip.T) by seeking admission in a college which was affiliated to Devi Ahilya Vishwa Vidyalaya, Indore. The petitioner completed the said Course during 2.9.1994 to 30.4.1996. On successful completion of the said Diploma Course, the petitioner came to be awarded a Diploma in teaching by Devi Ahilya Vishwa Vidyalaya, Indore (MP). The petitioner was appointed as Assistant Teacher on 14.6.1999 in an aided primary school, namely, Swami Samarth Vidya Mandir, Aurangabad, in the prescribed pay scale admissible to a trained teacher. The proposal of the petitioner for seeking approval to his appointment was forwarded, however, the petitioner's appointment was not approved by the Education Officer as in his opinion the Diploma in teaching awarded by Devi Ahilya Vishwa Vidyalaya, Indore, is not equivalent to Diploma in Education (D.Ed.) awarded in the State of Maharashtra.