1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1676 OF 1997 Sharad Bansidhar Deshmukh Age : 29 Yrs., Occ. Service, Assistant Teacher, R/o : Warapgaon, Tq. Kaij, Dist. Beed. .... PETITIONER V E R S U S 1. The Executive Officer (Primary), Zilla Parishad, Beed. 2. The Marathwada Shikshan Prasarak Mandal, Aurangabad, Deogiri College Campus, Aurangabad through its Administrative Committee appointed by the Court. 3. Head Master New Primary School Thermal Parli, Taluka Parli, Dist. Beed. 4. The State of Maharashtra .... RESPONDENTS Mr. M.S.DEshmukh, Advocate for petitioner. Mr. K.G.Patil, Assistant Govt. Pleader for State. CORAM : B.R.GAVAI AND S.V.GANGAPURWALA, JJ. DATE : 15/06/2010 2 ORAL JUDGMENT : [ PER - B.R.GAVAI, J. ] 1. The petitioner has approached this Court for writ of mandamus directing respondent no. 1 to grant permanent approval to the services of the petitioner as trained teacher. The petitioner, who possesses B.Ed. qualification, was appointed as Assistant Teacher at New Primary School, Thermal, Parli under management of respondent no. 2 w.e.f. 29/6/1991. After completion of the period of probation, his services came to be confirmed. However, it appears that since the petitioner does not possess D.Ed. Qualification, approval was granted to him as untrained teacher. Hence, this petition. 2. The Apex Court in the case of State of Maharashtra and others V/s Tukaram Tryambak Chaudhari and others reported in 2007 (2) ALL MR – 933 has held that in so far as the teachers teaching in Primary schools, to which 5th to 7th standards are attached, B.Ed. is permissible qualification and the teachers possessing B.Ed. Qualification are entitled to get scale of trained teacher. 3. It is further noted that by interim order dated 30/4/1997, the petitioner has already been directed to be treated as a trained teacher during the pendency of the petition. 4. In that view of the matter, petition is allowed by directing the respondents to grant permanent approval to the petitioner as 3 trained teacher. Rule is made absolute on above terms with no order as to costs. [ S.V.GANGAPURWALA ] [ B.R.GAVAI ] JUDGE JUDGE knp/WP 1676.97