1 2327.10.doc vgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2327 OF 2010 1. Darphale Yogita Jagannath R/o. 305, Lokmanya Nagar, Aasara, Hotagi Road, Solapur 2. Kshirsagar Sunita Purushottam R/o. 289/90, Hatture Vasti, Laxmi Nagar, Vimantal, Majarewadi Road, Solapur 3. Patane Rekha Annarao R/o. Shri. Siddeshwar Sugar Factory (E Type Colony), Kumthe, Solapur ...Petitioners V/s. 1. The State of Maharashtra through Education Department (Primary), Mantralaya, Mumbai-32 2. Director of Art, Sir J.J. School of Art Campus, Maharashtra State, Mumbai 3. Director of Education (Primary), Maharashtra State, Pune-1 4. Maharashtra State Council of Examination, through Commissioner, 17, Dr. Ambedkar Marg, Pune-1 5. The Education Officer (Primary), Zilla Parishad, Solapur ...Respondents WITH WRIT PETITION NO. 2504 OF 2010 1. Maske Ashok Ramhari R/o. At Post Kini, Tal. Akkalkot, Dist. Solapur 2. Hotkar Gangaram Vithal R/o. At Post Nagansur, Tal. Akkalkot, Dist. Solapur 2 2327.10.doc 3. Admane Sandip Ankush R/o. At Post Wadwal, Tal. Mohol, Dist. Solapur 4. Gaikwad Manoj Margu R/o. Limayewadi, Opposite Bhairuvasti Uday Vikas School, Dist. Solapur 5. Rathod Vijay Gopichand R/o. 63, Nehru Nagar, Vijapur Road, Solapur ...Petitioners V/s. 1. State of Maharashtra through Education Department (Primary), Mantralaya, Mumbai-32 2. Director of Art, Sir J.J. School of Art Campus, Maharashtra State, Mumbai 3. Director of Education (Primary), Maharashtra State, Pune-1 4. Maharashtra State Council of Examination, through Commissioner, 17, Dr. Ambedkar Marg, Pune-1 5. The Education Officer (Primary), Zilla Parishad, Solapur ...Respondents WITH WRIT PETITION NO. 3114 OF 2010 1. Survase Vikas Vitthal R/o. At Post Upale (Dhumala), Tal. Barshi, Dist. Solapur 2. Potdar Smruti Vinayak R/o. Opp. Chhatrapati Shivaji High School, Jagtap Nivas, Osmanabad 3 2327.10.doc 3. Gund Sadashiv Vinayak R/o. At Post Ladole, Tal. Barshi, Dist. Solapur 4. Kshirsagar Nilesh Ravindra R/o. Solapur, Tal. North Solapur, Dist. Solapur 5. Barabade Rameshwar Baban, R/o. Upale (Du), Tal. Barshi, Dist. Solapur 6. Tupsamudre Santosh Sandipan R/o. Barshi, Tal. Barshi, Dist. Solapur 7. Deokar Varsha Shashikant R/o. E-16, Bhagyodaya Housing Society, Nai Zindgi Road, Solapur 8. Gadhave Gurudevi Sidram R/o. Solapur, Tal. North Solapur, Dist. Solapur 9. Kakade Kavita Jayhind R/o. Yavali, Tal. Barshi, Dist. Solapur 10. Metri Sidharay Changonda R/o. Revansiddeshwar Nagar, Moti Bag, Vijapur Road, Solapur 11. Vangadare Maruti Chandrakant R/o. Solapur, Tal. North Solapur, Dist. Solapur 12. Bhise Dipali Balasaheb R/o. At Post Vairag, Tal. Barshi, Dist. Solapur 13. Ghumare Shahaji Mahadev R/o. Darphal (Sina), Tal. Madha, Dist. Solapur 14. Choudhari Kalpana Dnyandev R/o. Chiplun, Tal. Chiplun, Dist. Ratnagiri 15. Kashik Pravin Dattatraya R/o. New Palace Chawl, Tal. Akkalkot, Dist. Solapur 4 2327.10.doc 16. Parakhe Swaminath Nagnath R/o. At Post Manikpeth, Tal. Akkalkot, Dist. Solapur 17. Parandkar Jagdish Vasantrao R/o. Solapur, Tal. North Solapur, Dist. Solapur 18. Bendake Anita Sharanappa R/o. Solapur, Tal. North Solapur, Dist. Solapur 19. Ubale Pandurang Maruti R/o. Darphal (Sina), Tal. Madha, Dist. Solapur 20. Barbole Ratnadeep Baliram R/o. Solapur, Tal. North Solapur, Dist. Solapur ...Petitioners V/s. 1. State of Maharashtra through Education Department (Primary), Mantralaya, Mumbai-32 2. Director of Art, Sir J.J. School of Art Campus, Maharashtra State, Mumbai 3. Director of Education (Primary), Maharashtra State, Pune-1 4. Maharashtra State Council of Examination, through Commissioner, 17, Dr. Ambedkar Marg, Pune-1 5. The Education Officer (Primary), Zilla Parishad, Solapur ...Respondents WITH WRIT PETITION NO. 3160 OF 2010 1. Kanchan Purushottam Vyas, 159, South Kasba, Datta Chowk, Wankar Wada, Gopalkala Building, Near Shubaray Tower, Solapur 5 2327.10.doc 2. Komal Purushottam Vyas, 159, South Kasba, Datta Chowk, Wankar Wada, Gopalkala Building, Near Shubaray Tower, Solapur 3. Madukar Maryappa Chandanshive 41/404, New Budhawar Peth, Ramapati Chowk, Solapur 4. Dattatray Kalyan More At Post Sakat (P), Tal. Barshi, Dist. Solapur, Sakat (P) ...Petitioners V/s. 1. State of Maharashtra through Education Department (Primary), Mantralaya, Mumbai-32 2. Director of Art, Sir J.J. School of Art Campus, Maharashtra State, Mumbai 3. Director of Education (Primary), Maharashtra State, Pune-1 4. Maharashtra State Council of Examination, through Commissioner, 17, Dr. Ambedkar Marg, Pune-1 5. The Education Officer (Primary), Zilla Parishad, Solapur ...Respondents WITH WRIT PETITION NO. 3648 OF 2010 1. Chabukswar Tukaram Krishna, Aged 26 years, R/o. C-9, ‘Shrikrishna’ Shrinagar, Jule Solapur, Vijapur Road, Solapur 413004 2. Paikekari Yogesh Abhiman, Aged 26 years, At Post Kalman, Tal. North Solapur, Kalman ...Petitioners 6 2327.10.doc V/s. 1. State of Maharashtra through Education Department (Primary), Mantralaya, Mumbai-32 2. Director of Art, Sir J.J. School of Art Campus, Maharashtra State, Mumbai 3. Director of Education (Primary), Maharashtra State, Pune-1 4. Maharashtra State Council of Examination, through Commissioner, 17, Dr. Ambedkar Marg, Pune-1 5. The Education Officer (Primary), Zilla Parishad, Solapur ...Respondents WITH WRIT PETITION NO. 3895 OF 2010 1. Kamble Ankush Kundalik Age about 27 years 41/404, New Budhawar Peth, Ramapati Chowk, Solapur 2. Maske Ram Naganath R/o. Deokuruli, At Khadaki, Tal. Tuljapur, Dist. Osmanabad ...Petitioners V/s. 1. State of Maharashtra through Education Department (Primary), Mantralaya, Mumbai-32 2. Director of Art, Sir J.J. School of Art Campus, Maharashtra State, Mumbai 7 2327.10.doc 3. Director of Education (Primary), Maharashtra State, Pune-1 4. Maharashtra State Council of Examination, through Commissioner, 17, Dr. Ambedkar Marg, Pune-1 5. The Education Officer (Primary), Zilla Parishad, Solapur ...Respondents WITH WRIT PETITION NO. 2809 OF 2010 1. Uttam S/o. Suresh Raut, Age 26 years, Occu: Nil R/o. Sapatne (Bhose), Tq. Madha, Dist. Solapur 2. Ashwini D/o. Chhagan Kadam Age 21 years, Occu: Nil R/o. Kurduwadi, Tq. Madha, Dist. Solapur 3. Pratibha D/o. Sadashiv Nalwade, Age 24 years, Occu: Nil R/o. Laul, Tq. Madha, Dist. Solapur 4. Sandhya D/o. Ganpat Londhe, Age 21 years, Ocu: Nil R/o. Shriramnagar (Raut Washti) Kurduwadi, Tq. Madhaa, Dist. Solapur ...Petitioners V/s. 1. The State of Maharashtra through Education Department (Primary), Mantralaya, Mumbai-32 2. Director of Education (Primary) Maharashtra State, Pune-1 3. Maharashtra State Council of Examination, through Commissioner, 17, Dr. Ambedkar Marg, Pune-1 8 2327.10.doc 4. The Education Officer (Primary), Zilla Parishad, Solapur (Copy to be sered on Respondents through G.P. High Court of Bombay, at Bombay) ...Respondents WITH WRIT PETITION NO. 2810 OF 2010 1. Parmeshwar S/o. Satyawan Barbole, Age 21 years, Occu. Nil R/o. Darfal (Seena), Tq. Madha, Dist. Solapur 2. Sunita D/o. Shivaji Nikam Age 24 years, Occu. Nil R/o. Ujani (Ma), Tq. Madha, Dist. Solapur 3. Anita D/o. Ramesh Gaikwad, Age 26 years, Occu. Nil, R/o. Kurduwadi, Tq. Madha, Dist. Solapur 4. Smita D/o. Machhindra Kadam, Age 21 years, Occu. Nil R/o. Kurduwadi, Tq. Madha, Dist. Solapur ...Petitioners V/s. 1. The State of Maharashtra through Education Secretary (Primary), Mantralaya, Mumbai-32 2. Director of Education (Primary) Maharashtra State, Pune-1 3. Maharashtra State Council of Examination, through Commissioner, 17, Dr. Ambedkar Marg, Pune-1 4. The Education Officer (Primary), Zilla Parishad, Solapur (Copy to be sered on Respondents through G.P. High Court of Bombay, at Bombay) ...Respondents 9 2327.10.doc WITH WRIT PETITION NO. 2811 OF 2010 1. Somshekhar S/o. Kalyanrao Kalshetti, Age 37 years, Occu. Nil R/o. Plot No. 59, Mallikarjun Nagar, Hatture Wasti, Majare Wadi, Solapur, Dist. Solapur 2. Prashant S/o. Rupchand Kharat, Age 29 years, Occu. Nil, R/o. Bhimnagar, Akkalkot, Dist. Solapur 3. Laxman S/o. Birappa Mane, Age 27 years, Occu. Nil, R/o. Mahalingeshwar Nagar, Kumthe, Solapur, Dist. Solapur 4. Rajeshri D/o. Prabhakar Mane, Age 23 years, Occu. Nil, R/o. 190/20, Jawalkar Wasti, Budhwar Peth, Solaur, Dist. Solapur. ...Petitioners V/s. 1. The State of Maharashtra through Education Secretary (Primary), Mantralaya, Mumbai-32 2. Director of Education (Primary) Maharashtra State, Pune-1 3. Maharashtra State Council of Examination, through Commissioner, 17, Dr. Ambedkar Marg, Pune-1 4. The Education Officer (Primary), Zilla Parishad, Solapur (Copy to be sered on Respondents through G.P. High Court of Bombay, at Bombay) ...Respondents 10 2327.10.doc WITH WRIT PETITION NO. 2812 OF 2010 1. Sachin S/o.Kisan Salgude, Age 26 years, Occu. Nil, R/o. Ganesh Nagar, Kamati (Bk), Tq. Mohol, Dist. Solapur 2. Sandeep S/o. Bhaskar Jadhav, Age 28 years, Occu. Nil R/o. Shantinagar Apartment, Near New Santosh Nagar, Jule, Solapur, Dist. Solapur 3. Rahul S/o. Baburao Mane, Age 24 years, Occu. Nil, R/o. 435, Utter Kasaba, Kaikadi Galli, Solapur, Dist. Solapur 4. Amol S/o. Tanaji Nikam, Age 23 years, Occu. nil, R/o. Wadala, Tq. and Dist. Solapur ...Petitioners V/s. 1. The State of Maharashtra through Education Secretary (Primary), Mantralaya, Mumbai-32 2. Director of Education (Primary) Maharashtra State, Pune-1 3. Maharashtra State Council of Examination, through Commissioner, 17, Dr. Ambedkar Marg, Pune-1 4. The Education Officer (Primary), Zilla Parishad, Solapur (Copy to be sered on Respondents through G.P. High Court of Bombay, at Bombay) ...Respondents 11 2327.10.doc WITH WRIT PETITION NO. 2813 OF 2010 1. Nitin S/o. Popat More, Age 27 years, Occu. Nil, R/o. Bangarde, Tq. Malshiras, Dist. Solapur 2. Dattu S/o. Gopal Gore, Age 24 years, Occu. Nil, R/o. Purandavada, Tq. Malshiras, Dist. Solapur 3. Vaibhav S/o. Lalasaheb Lonkar, Age 25 years, Occu. Nil, R/o. Karhati, Tq. Baramati, Dist. Pune 4. Iqabal Nijam Mulani, Age 26 years, Occu. Nil, R/o. Shivpuri, Tq. Malshiras, Dist. Solapur ...Petitioners V/s. 1. The State of Maharashtra through Education Secretary (Primary), Mantralaya, Mumbai-32 2. Director of Education (Primary) Maharashtra State, Pune-1 3. Maharashtra State Council of Examination, through Commissioner, 17, Dr. Ambedkar Marg, Pune-1 4. The Education Officer (Primary), Zilla Parishad, Solapur (Copy to be sered on Respondents through G.P. High Court of Bombay, at Bombay) ...Respondents 12 2327.10.doc WITH WRIT PETITION NO. 2814 OF 2010 1. Kulbhushan S/o. Babarao Rote, Age 30 years, Occu. Nil, R/o. Upale (Dumala), Tq. Barshi, Dist. Solapur 2. Siddheshwar S/o. Tukaram Shinde, Age 30 years, Occu. Nil, R/o. Upale (Dhumala), Tq. Barshi, Dist. Solapur 3. Ankush S/o. Rama Kolhe, Age 30 years, Occu. Nil, R/o. Manegaon (Dha.), Tq. Barshi, Dist. Solapur 4. Varsharani D/o. Ramchandra Nirmale, Age 25 years, Occu. Nil, R/o. 260, Ganganagar, Degaon Road, Solapur, Dist. Solapur ...Petitioners V/s. 1. The State of Maharashtra through Education Secretary (Primary), Mantralaya, Mumbai-32 2. Director of Education (Primary) Maharashtra State, Pune-1 3. Maharashtra State Council of Examination, through Commissioner, 17, Dr. Ambedkar Marg, Pune-1 4. The Education Officer (Primary), Zilla Parishad, Solapur (Copy to be sered on Respondents through G.P. High Court of Bombay, at Bombay) ...Respondents 13 2327.10.doc WITH WRIT PETITION NO. 2815 OF 2010 1. Vishal S/o. Shahu Londhe, Age 23 years, Occu. Nil, R/o. Chincholi, Tq. Madha, Dist. Solapur 2. Shaikh Wasim Mahamud, Age 22 years, Occu. Nil, R/o. Kurduwadi, Patel Chowk, Tq. Madha, Dist. Solapur 3. Ashish S/o. Prafula Sawant, Age 21 years, Occu. Nil, R/o. Kurduwadi, Tq. Madha, Dist. Solapur 4. Pramod S/o. Madanrao Patil, Age 27 years, Occu. Nil, R/o. Kurduwadi, Tq. Madha, Dist. Solapur ...Petitioners V/s. 1. The State of Maharashtra through Education Secretary (Primary), Mantralaya, Mumbai-32 2. Director of Education (Primary) Maharashtra State, Pune-1 3. Maharashtra State Council of Examination, through Commissioner, 17, Dr. Ambedkar Marg, Pune-1 4. The Education Officer (Primary), Zilla Parishad, Solapur (Copy to be sered on Respondents through G.P. High Court of Bombay, at Bombay) ...Respondents 14 2327.10.doc WITH WRIT PETITION NO. 2816 OF 2010 1. Geetanjali D/o. Guruling Kamble, Age 29 years, Occu. Nil, R/o. 93/13, Satara Road, Isbavi, Pandharpur, Tq. Pandharpur, Dist. Solapur 2. Vishal S/o. Vijay Wagmare, Age 27 years, Occu. Nil, R/o. Begumpur, Tq. Mohal, Dist. Solapur ...Petitioners V/s. 1. The State of Maharashtra through Education Secretary (Primary), Mantralaya, Mumbai-32 2. Director of Education (Primary) Maharashtra State, Pune-1 3. Maharashtra State Council of Examination, through Commissioner, 17, Dr. Ambedkar Marg, Pune-1 4. The Education Officer (Primary), Zilla Parishad, Solapur (Copy to be sered on Respondents through G.P. High Court of Bombay, at Bombay) ...Respondents WITH WRIT PETITION NO. 2817 OF 2010 1. Jagadish S/o. Vasudev Dange, Age 26 years, Occu: Nil, R/o. Shri Sant Sonaji Maharaj Math, Panadharpur,Tq. Pandharpur, Dist. Solapur 2. Amit S/o. Dattatraya Thorat, Age 21 years, Occu. Nil, R/o. Shivane, Tq. Sangola, Dist. Solapur 15 2327.10.doc 3. Pallavi D/o. Dattatraya Thorat, Age 26 years, Occu. Nil, R/o. Shivane, Tq. Sangola, Dist. Solapur 4. Radhika D/o. Vasudev Dange, Age 24 years, Occu. Nil, R/o. Shri Sant Sonaji Maharaj Math, Pandharpur, Tq. Pandharpur, Dist. Solapur ...Petitioners V/s. 1. The State of Maharashtra through Education Secretary (Primary), Mantralaya, Mumbai-32 2. Director of Education (Primary) Maharashtra State, Pune-1 3. Maharashtra State Council of Examination, through Commissioner, 17, Dr. Ambedkar Marg, Pune-1 4. The Education Officer (Primary), Zilla Parishad, Solapur (Copy to be sered on Respondents through G.P. High Court of Bombay, at Bombay) ...Respondents WITH WRIT PETITION NO. 2818 OF 2010 1. Sachin S/o. Nagnath Patil, Age 26 years, Occu.Nil, R/o. Kolgaon, Tq. Karmala, Dist. Solapur 2. Mangesh S/o. Mohan Lachake, Age 24 years, Occu. Nil, R/o. Shivaji Chowk, Kurduwadi, Tq. Madha, Dist. Solapur 16 2327.10.doc 3. Nitin S/o. Vilas Satpute, Age 24 years, Occu. Nil, R/o. Upalai (bk), Tq. Madha, Dist. Solapur 4. Ulhas S/o. Prakash Budhabal, Age 25 years, Occu. Nil, R/o. Takali, Tq. Madha, Dist. Solapur ...Petitioners V/s. 1. The State of Maharashtra through Education Secretary (Primary), Mantralaya, Mumbai-32 2. Director of Education (Primary) Maharashtra State, Pune-1 3. Maharashtra State Council of Examination, through Commissioner, 17, Dr. Ambedkar Marg, Pune-1 4. The Education Officer (Primary), Zilla Parishad, Solapur (Copy to be sered on Respondents through G.P. High Court of Bombay, at Bombay) ...Respondents WITH WRIT PETITION NO. 2819 OF 2010 1. Nitin S/o. Kisanrao Kawade, Age 29 years, Occu. Nil, R/o. A-25, Abhimanshri Commercial Complex, Pune Road, Solapur, Dist. Solapur 2. Balasaheb S/o. Ramdas Lambture, Age 23 years, Occu. Nil, R/o. 125, Laxmi Peth, Thobade Wasti, Degaon Raod, Solapur, Dist. Solapur 17 2327.10.doc 3. Guranna S/o. Malappa Bagale, Age 20 years, Occu. Nil, R/o. Kegaon (Kd), Tq. Akkalkot, Dist. Solapur 4. Chidanand S/o. Iresha Manglure, Age 21 years, Occu. Nil, R/o. Barur, Tq. North Solapur, Dist. Solapur 5. Sachin S/o. Kisanrao Kawade, Age 27 years, Occu. Nil, R/o. A-25, Abhimanshri Commercial Complex, Pune Road, Solapur, Dist. Solapur ...Petitioners WITH WRIT PETITION NO. 2820 OF 2010 1. Pardurang S/o. Ambadas Bagade, Age 24 years, Occu. Nil, R/o. 3198/2, Opp. Bankat Swami Math, Tq. Pandharpur, Dist. Solapur 2. Amit S/o. Mohanrao Thite, Age 25 years, Occu. Nil, R/o. 4028/12, Station Road, Tq. Pandharpur, Dist. Solapur 3. Sachin S/o. Vithal Devkar, Age 32 years, Occu. Nil, R/o. 1022, Nath Chowk, Tq. Pandharpur, Dist. Solapur 4. Sow, Priti W/o. Milind Utpat, Age 32 years, Occu. Nil, R/o. 1339, Gandhi Road, Tq. Pandharpur, Dist. Solapur ...Petitioners V/s. 1. The State of Maharashtra through Education Secretary (Primary), Mantralaya, Mumbai-32 2. Director of Education (Primary) Maharashtra State, Pune-1 18 2327.10.doc 3. Maharashtra State Council of Examination, through Commissioner, 17, Dr. Ambedkar Marg, Pune-1 4. The Education Officer (Primary), Zilla Parishad, Solapur (Copy to be sered on Respondents through G.P. High Court of Bombay, at Bombay) ...Respondents In Writ Petition Nos. 2327, 2504 , 3114, 3160, 3648 and 3895 of 2010: Mr. Vishwasrao Deokar with Ms. Ujawala Waychal for the Petitioners Mr. V.S. Gokhale, A.G.P., for Respondent Nos. 1 to 3 Mr. Anup Nikam with Mr. Vaibhav Gaikwad for Respondent No. 4 Mr. Nitin Jamdar with Mr. Haribhau Deshing for Respondent No. 5 In Writ Petition Nos. 2809 to 2820 of 2010: Mr. M. Joshi for the Petitioners Mr. V.S. Gokhale, A.G.P., for Respondent Nos. 1 and 2 Mr. Anup Nikam with Mr. Vaibhav Gaikwad for Respondent No. 3 Mr. Nitin Jamdar with Mr. Haribhau Deshing for Respondent No. 4 CORAM: A.M. KHANWILKAR AND R.Y. GANOO, JJ DATE: DECEMBER 20 , 2011. JUDGMENT (PER A.M. KHANWILKAR, J.) :- All these petitions are being disposed of by this common judgment, as the issues raised therein are identical. 19 2327.10.doc 2. The challenge in these petitions under Article 226 of the Constitution of India is primarily to the advertisement dated 10th February, 2010 issued by the Maharashtra State Council of Examination, inviting applications to fill in the post of Shikshan Sevaks in Zilla Parishads, Municipal Corporation Education Boards (except Mumbai), Municipal Councils, Cantonment Boards in the State of Maharashtra by conducting Central Examination Test from amongst the D.Ed. / D.T.Ed. As the advertisement was issued in the light of Government Resolution dated 16th December, 2009, the petitioners have prayed that the respondents be directed to amend / modify the same, especially in respect of qualification of primary teachers, so as to include the Arts Teachers Diploma (‘A.T.D.’, for the sake of brevity) for appointment as Shikshan Sevaks. The petitioners are also seeking direction against the respondents to provide for 10% quota / workload of A.T.D. Teachers for appointment as Shikshan Sevaks in academic year 2009-10 for primary schools as per the policy. The petitioners have also sought direction against the respondents to arrange for separate C.E.T. Examination for A.T.D. holders for appointment as Shikshan Sevaks as per the syllabus of A.T.D. College or, in the alternative, to direct the respondents to allow the petitioners 20 2327.10.doc to appear for C.E.T. Examination, which was proposed to be conducted pursuant to advertisement dated 10th February, 2010. These reliefs are claimed in the first six matters, which are filed by common advocate. 3. The second set of petitions filed through another advocate are for similar reliefs. In the second set of petitions, the petitioners have challenged the Government Resolution dated 16th December, 2009, as also the advertisement dated 10th February, 2010 and the prescribed proforma of application form, in respect of the selection process, inviting applications for (primary) Shikshan Sevaks Pre- recruitment Selection Examination, as the same is not in conformity with the Revised Shikshan Sevaks Scheme, dated 27th February, 2003. It is further prayed that direction be issued to the respondents to make specific reference to A.T.D. (Arts Teachers Diploma) qualification in the Revised Shikshan Sevaks Scheme dated 27th February, 2003, and accordingly, in the advertisement inviting the forms and in the prescribed proforma of application form, to enable the petitioners / A.T.D. (Art Teachers Diploma) holders to apply as per advertisement. The said petitioners have asked for further direction against the respondents to allow the said petitioners to appear for examination in respect of (Primary) Shikshan Sevaks Pre-recruitment Selection 21 2327.10.doc Examination and to consider / recruit the A.T.D. (Arts Teachers Diploma) holders on the post of Shikshan Sevaks in the primary schools all over Maharashtra State, run by the Zilla Parishads, Nagar Palikas, Nagar Parishads, Mahanagar Palikas, Cantonment Boards and Government approved and granted schools, semi-granted schools and non-granted (private) schools (primary schools), as the case may be. 4. In the first set of petitions, the petitioners have asserted that, though each of them have passed Arts Teachers Diploma (ATD), which qualifies them to be appointed as Shikshan Sevaks, yet, they are denied opportunity of even being considered on the ground that, as the impugned advertisement dated 10th February, 2010, prescribes the qualification of candidates as D.Ed. / D.T.Ed. only. In other words, only candidates possessing that qualification could appear in the Common Entrance Test for recruitment of Shikshan Sevaks for the specified primary schools all over Maharashtra. The qualification A.T.D. is conspicuously absent in the impugned advertisement, even though as per the policy and the Rules, candidates possessing qualification of A.T.D. are considered eligible to be appointed as Shikshan Sevaks in primary schools - both aided and unaided. On this assertion, they have challenged the impugned advertisement, which 22 2327.10.doc enables only candidates possessing qualification D.Ed. / D.T.Ed. to apply for the Common Entrance Test and exclude the petitioners and similarly placed persons with qualification of A.T.D. According to these petitioners, the State of Maharashtra has given approval for nearly 246 A.T.D. Colleges. That presupposes that the students, who would complete the A.T.D. Course from the said colleges, would get opportunity of employment on the basis of A.T.D. qualification. These petitioners are also relying on the Government Resolutions which provide for qualification for recruitment as primary teachers. Reliance is placed on the Government Resolution dated 5th July, 1971, which was amended in the year 1973, making specific reference to A.T.D. Teacher for appointment in primary school. The Government Resolution dated 28th September, 1973 specifies that it is necessary to have a teacher possessing A.T.D. qualification in the primary school. These petitioners are also relying on the qualifications for the primary teachers specified in Schedule ‘B’ of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (hereinafter referred to as “the Rules of 1981”). As per Rule 1(2) of Schedule ‘B’, person possessing qualification of Arts Teachers Diploma is considered as the trained teacher to be appointed in a primary school. These petitioners have also referred to the inter-departmental 23 2327.10.doc communications. Reliance is placed on letter dated 15th February, 1994 sent by the Director of Education (Primary), which recognises that there is 10% workload for A.T.D. Teachers in any primary school run by Zilla Parishad. It is stated that, as per the new syllabus, Arts is a compulsory subject for first to seventh standards, and special teacher is required for the same. There is full-time workload for Arts Teacher. In the petitions, it is stated that, as per the prescribed syllabus, 60 periods will be available in a primary school and the minimum periods for full workload of one teacher is only 32 periods. These petitioners assert that the Government did not express any contrary view on this subject, but, in practice, some of the schools were refusing to appoint teacher with A.T.D. qualification. In this backdrop, the Education Officer, Aurangabad, directed all Head Masters of aided and unaided primary schools by letter dated 9th July, 1999 to abide by the Government Policy and to appoint A.T.D. Teacher. These petitioners are also relying on the communication issued by the Regional Deputy Director of Aurangabad dated 8th August, 2000 addressed to the Education Officer (Primary / Secondary), Marathwada Division, Aurangabad, stating that it is essential to appoint Arts Teacher for 1st to 8th standards and the qualification of such teacher must be A.T.D. 24 2327.10.doc 5. These petitioners have then referred to the letter issued by the Director of Arts dated 27th April, 2002 addressed to the Director of Education, placing on record that some schools were not following the policy and rules in respect of appointment of A.T.D. Teachers. By this communication, it is noted that steps be taken to instruct all the primary and secondary schools in the State to appoint Arts Teachers as per the Government Policy. 6. These petitioners then relied on another communication dated 18th September, 2002 issued by the Director of Education (Primary) addressed to the Secretary, School Education Department, Government of Maharashtra. Once again, it has been emphasised that, as per the policy, the Arts Teacher to be appointed in the primary and secondary schools should possess qualification of A.T.D. Reliance is then placed on the communication sent by the Section Officer, School Education Department, Government of Maharashtra, calling upon the Director, Education (Primary) to clarify certain points raised in the said communication. It predicates that, if A.T.D. Teacher is appointed for standards 1 to 7 for Arts Subject, what would be the workload available for such teacher in the school?; secondly, how the work of one reduced D.Ed. Teacher can be distributed amongst the other D.Ed. 25 2327.10.doc Teachers; and, thirdly, as per the syllabus of standard 1 to standard 7, what is the workload for Arts Subject? These petitioners have then relied on the report submitted by the Director of Education (Primary), who strongly recommended appointment of separate Arts Teacher for standards 1 to 7, as there would be total 59 periods workload for Arts and Craft Teachers. 7. These petitioners have then relied upon the order of Division Bench of this Court in Writ Petition No. 2865 of 1999 in the case of Ramesh Chandrakant Ware v. Head Master, Shri Sharada Prathamik Vidyalay, dated 17th March, 2004. In that case, direction was issued to the State Authorities to grant approval in favour of the petitioner therein on the finding that qualification of Arts Teacher Diploma possessed by the Arts Teacher is in compliance with the the requirement of Rule 2 (1) (j) and 6 of the Rules of 1981. In that, the said Rules provide for A.T.D. as one of the qualifications for appointment as primary teacher. These petitioners have then relied on the letter dated 29th June, 2004 sent by the Director of Arts to the Secretary, School Education Department. In this communication, it is