1 WP 429/09 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 429 OF 2009 Ajit Shripat Bharambe .. Petitioner V/s Administrator, Hanuman Shikshan Samiti & Ors. .. Respondents Mr. N.V. Bandiwadekar i/b Mr. Ashutosh Gite for the petitioner. Mr. C.R. Sonawane, A.G.P. for respondent no.5. CORAM : B.H. MARLAPALLE & N.D. DESHPANDE JJ. DATE : 13TH SEPTEMBER 2010 P.C. : 1. We have heard Mr. Bandiwadekar, learned counsel for the petitioner. 2. Admittedly, when the petitioner joined as Assistant Teacher in a primary school on 4th December 1990, he did not possess the recognised D.Ed. qualification and he had passed only H.Sc. On 4th December 1995, he was again appointed as an Assistant Teacher by respondent no.1 because by then he had obtained his D.Ed. Certificate. The said certificate has been obtained from 2 WP 429/09 the Institute of Rural Development and Multipurpose Education Training Centre, Shirol, District Pune and in 1999 he was informed that it was not an approved qualification fo appointment to the post of Assistant Teacher in primary schools and that he would be treated as an untrained teacher. The petitioner, therefore, approached this Court in Writ Petition No. 7435 of 2006 seeking directions for his admission to the Postal D. Ed. Course. The said petition was allowed on 3rd May 2007 in terms of the following order: (a) The order dated 26th August 2005 refusing admission to the Postal D. Ed. Course for the academic year 2004-05 is hereby quashed and set aside. (b) The respondent no.3 is directed to give admission to the petitioner in the Postal D. Ed. Course for the academic year 2007-08. 4. We are informed that the petitioner came to be admitted to the Postal D. Ed. Course for the academic year 2007-08, but he could not succeed in completing the said course within the stipulated period. He has passed his first year of the Postal D. Ed. Course in October 2009 and as of now he is yet to complete 3 WP 429/09 the second year of the said course. He seeks directions to the respondents for granting approval to his appointment as an assistant teacher in the pay scale of untrained teacher and in support of this prayer, Mr. Bandiwadekar, the learned counsel for the petitioner, has relied upon the G.R. Dated 2nd June 2000 issued by the State Government through the Department of School Education. 5. The scheme of the Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977 and the Maharashtra Employees of Private Schools Rules, 1981 prescribes the qualifications for the trained assistant teachers in the primary schools, secondary schools as well as junior colleges. As of now, the petitioner does not possess the recognised qualification of D.Ed. and he would be entitled for seeking approval for his appointment as an assistant teacher only after he completes his Postal D. Ed. Course successfully. In our considered opinion, the G.R. issued by the State Government on 2nd June 2000 cannot be relied upon for a writ directing the respondent – Education Officer (Primary) to grant approval to his appointment as an assistant teacher in a primary school. This Court has time and again reiterated that untrained teachers in primary schools should not be appointed and the teachers must possess the 4 WP 429/09 requisite qualifications so as to be granted approval by the concerned authority. The petitioner will have to complete his Postal D. Ed. Course and then submit to the management concerned his certificate having completed the D. Ed. Couse successfully and thereafter the management is required to submit a proposal to the Education Officer (Primary) for granting approval to his appointment as an Assistant Teacher. Till then, the petitioner cannot seek a mandamus from this Court for granting approval as an assistant teacher in a primary school. Even otherwise, the G.R. dated 2nd June 2000, relied upon by the petitioner, stipulates that an untrained teacher is required to acquire the D. Ed. Qualifications in three years and failure to do so would result in his discontinuation forthwith. The petitioner has been admitted in the Postal D. Ed. Course in the academic year 2007-08 and in the stipulated period of three years i.e. from the academic year 2007-08 to 2009-10 he has not been able to complete his D. Ed. Course and as noted earlier, he has passed the first year of the said course in October, 2010 and as of now he has not completed the said course. 6. In the premises, this petition fails at the threshold and the same is hereby rejected. (N.D. DESHPANDE, J.) (B.H. MARLAPALLE, J.)