Rajesh Madhukar Kunte Shirsi vs State Of Maharashtra ...
2017 Latest Caselaw 4542 Bom

                                                    1                                 judg. wp 958.02.odt 

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
                                NAGPUR BENCH : NAGPUR.

                                           Writ Petition No.958 of 2002

              Rajesh  Madhukar Kunte,
              Aged about 40 years, Occ.-Assistant Teacher and Secretary, 
              Lok Sewa Shikshan Sanstha, Resident of Shrishi, 
              Tal-Umrer, Distt- Nagpur.                                       .... Petitioner.

                                                          -Versus-

              1]       The State of Maharashtra,
                       through the Secretary,
                       Department of Education/Higher Technical Education, 
                       Extension Building, Mantralaya, Mumbai 400 032.  

              2]       Education Officer (Sec.),
                       Zilla Parishad, Nagpur.

              3]          Lok Sewa Shikshan Sanstha, 
                          a Society registered under the 
                          Societies Registration Act, 1860,
                          Shirshi, Tal-Umrer, District Nagpur.           .... Respondents.
               -----------------------------------------------------------------------------------
               Mrs. Geeta Tiwari, Assistant Government Pleader for respondent 
               nos. 1 and 2.
               -----------------------------------------------------------------------------------
               Coram : R. K. Deshpande & 
                             Mrs. Swapna Joshi, JJ.

               Dated  : 14    July, 2017
                              th 
                                           

              ORAL JUDGMENT (Per R. K. Deshpande, J.)





                                                     2                                 judg. wp 958.02.odt 

                       None appears for the petitioner.



              2]       The petitioner was initially appointed an   'untrained teacher' 

in the High School namely Vasantrao Naik Krishi Vidyalaya, Shirshi

run by respondent no.3-Lok Sewa Shikshan Sanstha, Sirshi, Taluka

Umrer, District Nagpur, with effect from 05-08-1987 and the

approval was also granted to that appointment. The petitioner

reappointed as a trained teacher with effect from 25-06-1988 and by

order dated 26-11-1988 the approval was also granted to this

appointment. The petitioner claimed that he acquired 'Shikshan

Shastri' degree from Varanashi Sanskrit Vishwavidyalaya which

was equivalent to B.Ed. degree. The approval granted to the

appointment of the petitioner was challenged in Writ Petition No.

3299 of 2000 which was disposed of on 12-03-2001 by this Court

directing the respondents to examine the credentials of the present

petitioner and whether the petitioner possesses the degree equivalent

to B.Ed.

3] The enquiry report submitted by the Education Officer

(Secondary), Zilla Parishad, Nagpur on 23-07-2001 at Annexure-II

to the petition shows that B.Ed. degree obtained by the petitioner is

not found equivalent to a degree of recognized University and

therefore the petitioner cannot get protection of the Government

3 judg. wp 958.02.odt

Resolution dated 20-05-1995.

4] In such a situation, even if, the petitioner has obtained

subsequently B.Ed. degree that would not save him from the effect

of obtaining the employment on the basis of a degree which was not

recognized equivalent to B.Ed. degree of the University. The Writ

Petition is dismissed.

                                                 JUDGE                                             JUDGE




                            Deshmukh