(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 1395 OF 1999 Jyoti Dhondiraj Deshmukh, Age : 42 years, Occupation : Assistant Teacher in Saraswati Primary School, Malegaon, Taluka and District : Nanded. .. Petitioner. versus 1. The State of Maharashtra. 2. Directorate of Education, Bombay. 3. The Education Officer (Primary), Zilla Parishad, Nanded, Taluka and District : Nanded. 4. The Secretary, Saraswati Shikshan Sanstha, Malegaon, Taluka and District : Nanded. .. Respondents. ....................... Mr. A.S. Golegaonkar, Advocate, for the petitioner. Mr. K.G. Patil, Assistant Government Pleader, for respondent nos.1 and 2. (2) Mr. V.S. Panpatte, Advocate, for respondent no.3. Respondent no.4 served (Absent). ........................ CORAM : B.R. GAVAI & S.V. GANGAPURWALA, JJ. DATE : 11TH AUGUST 2010 ORAL JUDGMENT (Per B.R. Gavai, J.) : 1. The petitioner is appointed in the respondent no.4 / school since 22nd June 1997. The petitioner possesses B.A.,B.Ed. qualification. Since the permanent approval was not granted to the petitioner, the petitioner has approached this Court. 2. Mr. A.S. Golegaonkar, learned Counsel appearing for the petitioner, submits that since the petitioner was working in a school to which 5th to 7th standard are attached, the petitioner is entitled to be treated as a trained teacher. 3. Mr. V.S. Panpatte, learned Counsel appearing for the respondent no.3 / Zilla Parishad, on the contrary, submits that the petitioner did not possess the D.Ed. qualification and, as such, was not entitled to be considered as a trained teacher in a primary school. (3) 4. The Apex Court, in the case of State of Maharashtra & others Vs. Tukaram Tryambak Chaudhari & others (2007(3) Supreme 17), has held that so far as primary schools, to which 5th to 7th standard are attached, a teacher possessing B.A.,B.Ed. qualification is entitled to be treated as a trained teacher. 5. It is further pertinent to note that the petitioner is continuously working from 1999, in pursuance to the interim orders passed by this Court, dated 12th April 1999. 6. In the result, the petition is allowed. The respondent nos.2 and 3 are directed to grant permanent approval to the appointment of the petitioner, as a trained teacher, with effect from the date of her first appointment. 7. Rule is made absolute in the aforesaid terms. However, parties shall bear their own costs. ( S.V. GANGAPURWALA ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp1395