Uttam Lalu Waghmare vs The State Of Mah
2017 Latest Caselaw 8348 Bom

                                                              W.P. No.7208/2004
                                      (( 1 ))


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                               BENCH AT AURANGABAD


                        WRIT PETITION NO.7208 OF 2004



 Balaji Bapurao Chandanwar
 Age 30 years, Occu. Service,
 R/o Ghogari, Tq. Hadgaon,
 District Nanded                                ...      PETITIONER

          VERSUS

 1.       The State of Maharashtra
          (Copy to be served on Government
          Pleader, High Court of Judicature of
          Bombay, Bench at Aurangabad)

 2.       The Commissioner for Adivasi Vikas,
          Adivasi Vikas Bhawan, Juna Agra Road,
          Nashik, District Nashik

 3.       The Assistant Commissioner,
          Adivasi Vikas, Amravati,
          District Amravati.

 4.       The Project Officer,
          Ekatmik Adivasi Vikas Prakalp,
          Kinwat, Tq. Kinwat, District Nanded

 5.       Ramaji Metkar Andh Adivasi
          Vidyarthi Vastigraha, Tamsa,
          Tq. Hadgaon, Dist. Nanded,
          through its President/ Secretary

 6.       Shri Chatrapati Shivaji Maharaj
          Adivasi Ashram School,
          Ghogari, Tq. Hadgaon,
          District Nanded,
          through its Headmaster                ...      RESPONDENTS

                                 .....
 Shri R.R. Suryawanshi, Advocate for petitioner
 Shri Y.G. Gujarathi, A.G.P. for R.No.1 to 4
                                 .....

                                      WITH


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                                                             W.P. No.7208/2004
                                    (( 2 ))




                         WRIT PETITION NO.788 OF 2005


 Uttam s/o Lalu Waghmare
 Age 32 years, Occ. Service as
 Hostel Superintendent,
 R/o Adivasi Ashram School,
 Mulzara, Tq. Kinwat, Dist. Nanded            ...      PETITIONER

          VERSUS

 1.       The State of Maharashtra
          through its Secretary,
          Tribal Development Department,
          Mantralaya, Mumbai - 32
          (Copy to be served on Government
          Pleader, High Court of Judicature of
          Bombay, Bench at Aurangabad)

 2.       The Commissioner for Adivasi Vikas,
          Adivasi Vikas Bhawan, Juna Agra Road,
          Nashik, District Nashik

 3.       The Assistant Commissioner,
          Adivasi Vikas, Amravati,
          District Amravati.

 4.       The Project Officer,
          Ekatmik Adivasi Vikas Prakalp,
          Kinwat, Tq. Kinwat, District Nanded

 5.       Subha Sandesh Shikshan Prasarak
          Mandal, Degloor, Tq. Degloor,
          District Nanded, through its
          President/ Secretary.

 6.       Adivasi Ashram School,
          Mulzara, Tq. Kinwat,
          District Nanded,
          through its Headmaster              ...      RESPONDENTS

                                 .....
 Shri R.R. Suryawanshi, Advocate for petitioner
 Shri Y.G. Gujarathi, A.G.P. for R.No.1 to 4
                                 .....



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                                                                 W.P. No.7208/2004
                                       (( 3 ))


                                 CORAM:      RAVINDRA .V. GHUGE AND
                                             SUNIL K. KOTWAL, JJ.

DATED : 2nd NOVEMBER, 2017.

ORAL JUDGMENT (PER RAVINDRA V. GHUGE, J.):

1. By these petitions, the identically placed petitioners

seek appointment approvals from 1/5/2001 and 1/5/2003

respectively, to the post of Hostel Superintendent that the

petitioners have been occupying.

2. These two petitions were to be heard along with Writ

Petition No.5713/2003. This Court, by judgment dated

18/10/2016, in Writ Petition No.5713/2003, in the matter of

Narayan Kishanrao Bhise Vs. State of Maharashtra and others,

has allowed the petition, keeping in view the introduction of the

Government Resolution dated 3/6/2008 when the Government

relaxed the condition of D.Ed. qualification as the eligibility

criteria for appointing a Hostel Superintendent.

3. In the first petition, the petitioner has acquired B.A.

B.P.Ed. qualification and in the second petition, the petitioner is

H.S.C. Learned A.G.P. does not dispute that the requisite

qualification was H.S.C., and weightage was to be given to a

candidate possessing the D.Ed. qualification.

4. We have considered the Government Resolution

W.P. No.7208/2004 (( 4 ))

dated 3/6/2008, vide which the Government has concluded that

the additional qualification of D.Ed. shall stand relaxed.

5. As like in Writ Petition No.5713/2003, both these

petitioners were granted interim relief by order dated 10/2/2005.

Pursuant to the interim relief, the respondents No.3 and 4 have

granted provisional approval to the petitioners as Hostel

Superintendent and their salary has been directed to be released

as per the admissible scale. As a consequence of this order, the

petitioners were granted the provisional approval by order dated

23/9/2005.

6. It is also brought to our notice that, by the

introduction of Government Resolution dated 5/2/2000, by the

Vimukta Jati, Nomadic Tribes, Other Backward Class and Special

Backward Category Welfare Department, has resulted in the

relaxation of the D.Ed. qualification. The State has resolved that,

a Hostel Superintendent shall not necessarily be required to

acquire D.Ed. qualification. H.S.C. Qualification shall be the

eligibility criteria, and if a candidate possesses B.P.Ed. degree, he

may be granted preference. This Government Resolution has

been considered by the State while issuing the subsequent

Government Resolution dated 3/6/2008.

7. As such, the prayers of these two petitioners, by

which they seek approval from 1/5/2001 and 1/5/2003, will have

W.P. No.7208/2004 (( 5 ))

to be considered as they were eligible to be appointed as Hostel

Superintendent in the light of the Government Resolution dated

5/2/2000. If this fact situation is taken into account, they would

be entitled for approval from 1/5/2001 and 1/5/2003, as is

prayed for.

8. Both these petitioners have now been discharging

their duties as Hostel Superintendent from 30/9/1999 and

1/7/1998 respectively. As both of them have put in almost 20

years as Hostel Superintendent, and keeping in view the

relaxation in the qualification by Government Resolution dated

3/6/2008, both these petitions are allowed. The prayers put

forth by these petitioners, seeking approval from 1/5/2001 in the

case of Balaji Bapurao Chandanwar and 1/5/2003 in the case of

Uttam Lalu Waghmare, are granted. The interim order passed by

this Court stands confirmed.

9. Rule is made absolute in the above terms.

          ( SUNIL K. KOTWAL )            ( RAVINDRA V. GHUGE )
               JUDGE                            JUDGE




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