Bombay High Court
Rajakumar Ramji Wankhede And ... vs State Of Maharashtra, Through ... on 2 May, 2023
Bench: A.S. Chandurkar, M. W. Chandwani
Judgment 1 2-W.P.No.1792.2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 1792 OF 2021
1) Rajakumar Ramji Wankhede,
Aged about 47 years, Occu. - Asstt. Teacher,
R/o. Zilla Parishad School, Ranjeet Nagar,
Tal. Manora, Dist. Washim.
2) Bibichand Vishram Jadhav,
Aged about 47 years, Occu. - Asstt. Teacher,
R/o. Zilla Parishad School Dhoni,
Tal. Manora, Dist. Washim.
.... PETITIONERS
// VERSUS //
1) The State of Maharashtra,
through the Secretary, School
Education and Sports Department,
Mantralaya, Mumbai 32.
2) The Commissioner,
Maharashtra State, Council of
Examination, Pune 01.
3) The Zilla Parishad Washim,
through its Chief Executive Officer.
.... RESPONDENTS
______________________________________________________________
Mr. J.R. Kidilay, Advocate for petitioners.
Mrs. N.P. Mehta, Assistant Government Pleader for respondent
No.1.
Mr. Vinay B. Rathi, Advocate h/f Mr. P.B. Patil, Advocate for
respondent No.2.
Mr. M.L. Vairagade, Advocate for respondent No.3.
______________________________________________________________
CORAM : A. S. CHANDURKAR AND M.W. CHANDWANI, JJ
DATED : MAY 02, 2023
Judgment 2 2-W.P.No.1792.2021.odt
ORAL JUDGMENT : (Per A. S. Chandurkar, J.)
1. Rule. Rule made returnable forthwith and heard learned
Counsel for the parties.
2. The petitioners came to be appointed as Vasti Shala
teachers in the year 2001. In view of the Government Resolution dated
01.03.2014 their services were absorbed with Zilla Parishad, Washim.
Accordingly, they were issued appointment orders on 06.09.2014 with
the condition that they were required to obtain the necessary training
qualification in the form of Diploma in Elementary Education
(D.El.Ed.). This was to be done within a period of three years of their
absorption in view of the provisions of Section 23(2), second proviso of
the Right of Children to Free and Compulsory Education Act, 2009. On
30.09.2014 the Chief Executive Officer issued a communication to the
respondent No.1 seeking permission from the State Government with
regard to fifteen untrained teachers who desired to appear for the said
examination since the last date for submission of the forms had lapsed
on 30.06.2014. Said permission however was not granted. In the next
academic year again a request was made on 05.09.2015. Ultimately by
a communication dated 03.05.2016 the petitioners were admitted in
the postal D.El.Ed. course for academic session 2016-17. The
petitioners pursued the said course and they were required to pass the
said examination by 28.02.2019 which was extended till 31.03.2019.
Judgment 3 2-W.P.No.1792.2021.odt
The petitioners appeared in the said examination in June 2019 and
results thereof were declared in August 2019. However, for failure to
obtain the requisite training qualification by 28.02.2019, the services of
both the petitioners came to be terminated. In this context, the
petitioners have challenged the orders of termination dated 31.03.2021
primarily on the ground that they were not granted sufficient time and
opportunity to clear the qualifying examination despite pursuing the
matter since beginning.
3. We have heard the learned counsel for the parties and we
have perused the documents on record.
4. It is not in dispute that pursuant to the absorption of the
petitioners services with the Zilla Parishad they were required to obtain
training qualification by 28.02.2019. The said date has been
subsequently extended to 31.03.2019. However, in the light of the fact
that the said examination was conducted only in June 2019 and results
thereof were declared in August 2019 wherein the petitioners have
cleared the said examination, the learned Counsel appearing for the
Zilla Parishad was directed to obtain instructions as to whether any
posts of trained teachers were vacant or not. The learned counsel for
the respondent No.3 on instructions submits that the posts held by the
Judgment 4 2-W.P.No.1792.2021.odt
petitioners have been filled in but there are other posts of trained
teachers that are vacant which could be taken into consideration.
5. We find in the facts of the present case that the petitioners
were initially appointed in the year 2001 and after absorption of their
services in the year 2014 they were required to obtain necessary
training qualification. The D.El.Ed. course was required to be
completed within a period of three years. Since the petitioners were
admitted to the said course in the academic session 2016-17 coupled
with fact that the examination for the final year of that course was
conducted only in June 2019 which is after the cut off date of
31.03.2019, we find that the petitioners do not deserve to be deprived
of their employment only on the ground that the two years course was
completed after the cut off date. The petitioners alone are not to be
blamed in view of the fact that they could not be admitted to the said
course earlier.
6. In view of the aforesaid, the following order would serve
the interests of justice :-
(i) In the light of the fact that the petitioners have now
acquired the training qualification and that being the only
reason for terminating their services on 31.03.2021, the
Judgment 5 2-W.P.No.1792.2021.odt
orders of termination dated 31.03.2021 passed by the Chief
Executive Officer, Zilla Parishad, Washim are set aside.
(ii) The petitioners shall be reinstated on the post of Primary
School Teacher with the Zilla Parishad, Washim within a
period of four weeks on receiving copy of the judgment.
(iii) The petitioners would not be entitled to any back-wages
from 01.04.2021 till their reinstatement. However, their
earlier services shall be taken into consideration for all
other purposes including grant of retiral benefits.
Rule is made absolute in the aforesaid terms. No costs.
(M.W. CHANDWANI, J.) (A. S. CHANDURKAR, J.)
Kirtak
