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wp3290.09.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No.3290 of 2009
Shri Nanaji Wasudeorao Bhasarkar,
R/o At Post - Borgaon,
Tah.- Gondpoipari,
Dist. - Chandrapur. ... Petitioner
Versus
1. Loksewa Adivasi Shikshan Prasarak
Mandal,
Umari (Potdar),
Tah. - Gondpipari, Dist. Chandrapur,
through its Secretary,
C/o Navjivan Madhyamik Vidyalaya,
Gojoli, Tah. Gondpipari,
Dist. Chandrapur.
2. The Headmaster,
Navjivan Madhyamik Vidyalaya,
Gojoli, Tah. Gondpipari,
Dist. Chandrapur.
3. The Education Officer (Secondary),
Zilla Parishad, Chandrapur. ... Respondents
Shri P.N. Shende, Advocate for Petitioner.
Shri R.J. Kankale, Advocate for Respondent Nos.1 and 2.
Shri K.L. Dharmadhikari, Assistant Government Pleader for
Respondent No.3.
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wp3290.09.odt
Coram : R.K. Deshpande, J.
th Dated : 26 April, 2017 Oral Judgment :
1. The controversy involved in the present petition is covered by the decision of this Court, delivered on 12-4-2017 in Writ Petition No.3292 of 2009 [Sahebdas Sakharam Borkar v. Maharashtra Rural Education Society, Lakhandur, through its Secretary, R/o Lakhandur, Dist. Bhandara]. The petitioner was appointed as untrained teacher and was continued in service. He claimed the benefit of the Government Resolution dated 10-2-1994, which extended the period of acquiring the training qualification for in-service candidates up to 1-6-1995. The petitioner acquired the training qualification in 2001, though he was initially appointed on 26-6-1996.
2. Paras 5 and 6 of the aforesaid decision, are reproduced below :
"5. Perusal of Rule 6 of the MEPS Rules shows that the ::: Uploaded on - 27/04/2017 ::: Downloaded on - 28/04/2017 00:35:53 ::: 3 wp3290.09.odt Education Officer may permit the Management to appoint untrained graduate teachers in Secondary Schools in exceptional circumstances, such as non-availability of trained graduates, and such appointment has to be on year to year basis, on the clear understanding that such appointee will have to obtain training qualification at their own cost and further subject to the condition that their services shall be liable to termination as soon as a trained graduate teachers becomes available."
"6. What is required to be emphasized in the present case is that the petitioner was required to come before the Court with a specific case - (i) that his appointment as untrained graduate teacher was because of non- availability of trained graduates for appointment, (ii) that the permission of the Education Officer was obtained for making such appointment by the Management, and (iii) that there was a clear understanding that the appointee shall have to obtain training qualification at his own cost within a stipulated period, else his services were liable to be terminated. The petitioner has neither come to the Tribunal with such a case, nor the Tribunal has adverted to any such aspects of the matter. There is no case made out by the petitioner for grant of reliefs on the basis of Rule 6 of the MPES Rules read with the Government ::: Uploaded on - 27/04/2017 ::: Downloaded on - 28/04/2017 00:35:53 ::: 4 wp3290.09.odt Resolution dated 10-2-1994."
3. There is no averment in the memo of appeal that the appointment of the petitioner as untrained teacher was because of non-availability of trained graduate teacher, and that the permission of the Education Officer was obtained for making such appointment by the Management. In view of this, the matter is fully covered by the aforesaid decision of this Court. The School Tribunal has dismissed the appeal. No fault can be found with it. The petition is dismissed.
4. Rule stands discharged. No order as to costs.
JUDGE.
Lanjewar.
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