1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CAZ No. 481/2011 in L.P.A.St. No. 9213/2011 in WRIT PETITION NO.4231/2000 (D) (Premdip s/o Sahdeo Bodele .vs. Bhartiya Adivasi Shiv Shikshan Sanstha and others. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. V.A. Dhawas, Advocate for Applicant. CORAM : B.P.DHARMADHIKARI & P.D. KODE, JJ. DATED : AUGUST 09, 2011 Heard. Prayer is to condone delay of 299 days in filing L.P.A. On last occasion i.e. on 26.7.2011 when the matter was listed, learned counsel was given to understand that the Court may consider merits of the matter also before issuing notice to other side. Accordingly we have heard learned counsel. He has urged that appellant has put in almost 11 years of service and he is S.S.C. He, therefore, ought to have been given due opportunity to obtain training qualification by completing postal D.Ed. Course. Reliance is placed upon judgment of the Hon’ble Apex Court reported reported in (2006) 4 SCC 1 – Secretary, State of Karnataka .vs. Umadevi (3) 2 paragraph 53 and subsequent judgment of the Hon’ble Apex Court reported in (2010) 4 Supreme Court Cases 179 – Satya Prakash and others .vs. State of Bihar and others wherein that paragraph has been looked into. It is not in dispute that as appellant did not possess D.Ed. qualification, he is not qualified for appointment. Thus his recruitment cannot be viewed as proper recruitment. He was not placed on probation. This also cannot be viewed as an irregular appointment. In the circumstances as we do not see anything wrong on merits, we are not inclined to issue notice to the respondents. Prayer for condonation of delay is, therefore, rejected. JUDGE JUDGE halwai