RAVINDRA MOTILAL PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE central point involved in these writ petitions is two fold, firstly, whether the petitioners, who hold Diploma in Teaching awarded by the Dr. Harisingh Gaur University and Devi Ahilya University (both from Madhya Pradesh) are entitled for appointment as an Assistant Teacher in the State of Maharashtra and secondly, non appointment of the petitioners, on the post of Assistant Teacher, infringes the mandate of Article 14 read with Article 16 of the Constitution of India.

(2.) THE facts, on basis of which these petitions are filed are identical and therefore, these writ petitions are disposed of by this common judgment and order.

(3.) THERE were about 369 posts to be filled in and therefore, in the year 1995 a mass recruitment was advertised from various Zilla Parishads in the State of Maharashtra for appointment of Assistant Teachers in Primary Schools run by the Zilla Parishad. An advertisement was issued on 18-5-1996 by the Commissioner of Government Examinations, Maharashtra State, inviting applications for these posts. On 4-8-1996, as per the advertisement written examination was fixed at District places. However, the petitioners who did not possess Diploma in Education of the Maharashtra State were not called for the written examination. The petitioners submit that they have been denied an opportunity of appearing in the written examination and ultimately for selection to the post of Primary Teachers in Zilla Parishads in State of Maharashtra.