1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Civil Application No. 2843 of 2009 in Writ Petition 6296 of 2005. Shri Shahaji Krishna Gaikwad and other .. Applicants v/s. The State of Maharashtr & Others ..Respondents A.M.Joshi for Applicant. Mr.S.D.Rayrikar, AGP for the Respondent No.2 Mr.A.L.Patki with Mr.A.B.Kadam for the Respondent No.3 Mr.S.R.Agarkar for the respondent Nos.5 to 8, 10 to 16 and 18 CORAM : B.H. MARLAPALLE & R.Y.GANOO, JJ. DATED : 4th December, 2009 P.C. : 1. We have heard Mr.Joshi, learned Counsel for the applicants, who are the petitioners in Writ Petition No.6296 of 2005. 2. We have perused the affidavit in reply filed by Shri Rajkumar 2 Nathuram Chavan, Deputy Education Officer (Secondary) Zilla Parishad, Satara, as well as the affidavit in reply filed by Shri S.N.Bedke, Honorary Secretary of respondent No.3. 3. Admittedly, by now only four petitioners i.e. Shri Satish C. Doiphode, Shri Tatyaba Baburao Bhosale, Shri Jaykumar Dattatraya Shinde and Shri HaroonAmbirbhai Inamdar have not been given the B. Ed. pay scale and the petitioner nos.1 to 12 have already been given the said scale, as is clear from the chart annexed to the affidavit filed by the Deputy Education Officer. 4. This Civil Application has been filed being aggrieved by the recent proclamation issued by the management to fill in certain posts of teachers in Mathematics/Science/Sanskrit/History/Drawing etc. 5. None of the remaining four petitioners are science graduates and it is not their case that they can teach Sanskrit. At the same time, a teacher with B.A. B.Ed degree or M.A. B.Ed degree would be able to teach history and therefore we do not find any reason as to why the management should be permitted to appoint teachers from outside, pursuant to the said 3 proclamation. 6. Hence, we modify the order of status quo passed by us on 20.11.2009 and allow the management to fill in the posts of teachers in Science/Maths/Sanskrit and Drawing. So far as the posts of teachers in history are concerned, the same shall be offered to the existing trained graduates who have not been offered the pay scale of trained graduate teacher, and this offer shall be strictly on the basis of seniority cum merit. 7. Civil Application is disposed in terms of the above directions. [R.Y.GANOO, J.] [B.H. MARLAPALLE, J.]