Shrikant Adyaprasad Tiwari vs The State Of Maharashtra, Through ...
2006 Latest Caselaw 807 Bom

JUDGMENT

1. Heard.

2. Undisputedly, the matter in issue in the present Petition is fully covered by the decisions of this Court in Kondiba s/o. Dattarao Mirashe v. State of Maharashtra and Ors. 2003(2) Mh. L.J. 432 and in unreported decision in the matter of Tukaram Tryambak Chaudhari v. State of Maharashtra and Ors. in Writ Petition No. 4632 of 1999 disposed along with various other similar petitions by Judgment dated 6.5.2004. In Kondiba's case it was clearly held, thus:

In order to bring parity, it was decided that in respect of 5th to 7th standards teachers should be sanctioned in the ratio of 1:3 per class. It was also resolved that out of every 4 sanctioned teachers, 1st 3 teachers should possess educational qualifications of S.S.C. and D.Ed. and the 4th teacher should be a graduate with B.Ed./ D.Ed. Accordingly, 25% of the posts of teachers for 5th to 7th standards were converted from S.S.C. + D.Ed. to Graduate +++ B.Ed.B.Ed.B.Ed. / D.Ed./ D.Ed./ D.Ed. and they were given higher and they were given higherand they were given higher pay scale in two stages.

3. Following the said decision, the Division Bench in Tukaram's case (supra) it was held that:

We are of the opinion that in Schools having standards 1 to 7 it is permissible to appoint one teacher having B.Ed. / B.Sc. in terms of the Government Circular as now interpreted by this Court. Considering that all such teacher who were appointed and who possess graduate qualification with B.S., B.Sc., and also B.Ed. are entitled to be treated as trained teachers and will be continued to be paid salary as trained teachers.

4. Undisputedly, these ruling fairly apply to the facts of the case, in hand, and, therefore the present Petition deserves to be allowed for the reasons stated in Kondiba's case as well as in Tukaram's case, and, is accordingly hereby allowed. Rule is made absolute in terms of prayer Clause (b) with no order as to costs.