RAJENDRA D RAUT Vs. ARYAN EDUCATION SOCIETY

JUDGEMENT

(1.) PRESENT petition seeks to impugn an order of termination of the petitioner from service which is passed on the 30th of March, 1998. Petitioner holds the qualification of B.A., B.Ed. He was appointed to the Post of Head Master on 13th June, 1995 in second respondent school purely on temporary basis. On 13th June, 1996 he was appointed to the post of Head Master in the aforesaid school on probation for a period of two years. By the impugned order, passed on the 30th of March, 1998, by the Respondent No.1, services of the petitioner were terminated with effect from the 30th of April, 1998 on the ground that the Petitioner does not hold the requisite qualification for teaching in the first respondent school which is a primary school. As per the first respondent, it desires to replace the petitioner by a person holding the requisite qualification i.e. D.Ed. Present petition seeks to impugn the aforesaid order of termination. By an order passed on the 6th of May, 1998 Rule has been issued on the petition and the petitioner was adjourned to 15th June, 1998 for interim reliefs. The present petition is now taken up for considering whether the petitioner is entitled to the grant of interim relief claimed in the petition viz. stay the operation and effect of the termination order dated the 30th of March, 1998.

(2.) WHETHER the qualification 'B.Ed'. is a requisite qualification for teaching in primary schools, was a subject matter of consideration in several judgments rendered by different benches of this Court. In the case of "Sou Alka Jagannath Bharati Vs. The State of Maharashtra and others" being Writ Petition No. 3006 of 1991 K. Sukumaran & V.V. Kamat, JJ. by their judgment and order passed on the 3rd of December, 1991 have held that the qualification of B.Ed. being a Bachelor Degree in education is a higher qualification than D.Ed. which is a Diploma in education. It was accordingly held that the petitioner therein has not only the necessary qualification for the post of a primacy teacher. A similar view has been reiterated in the case of "Smt. Aminabai Ashique Husain Shakir Vs. The State of Maharashtra and others" being Writ Petition No. 1925 of 1996 decided by A.A. Desai and Radhakrishnan, JJ. on 6th October, 1996, in the case of "Dhondia S/o Govindrao Lawte Vs. The State of Maharashtra and others" being Writ Petition No. 348 of 1998 decided by B. N. Srikrishna & S. P. Kulkarni, JJ. 23rd of March, 1998.

(3.) OUR attention has been drawn to a report of the State Government dated