1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 885 OF 2009 Purushottam S/o Panditrao Patil, Age : 44 Years, Occu. : Service as Assistant Teacher, Secondary Ashram School, Pimperkhed Tanda, Tq. Chalisgaon, R/o Plot No. 2, Daulat Nagar, Jalgaon. .. .. Petitioner Versus 1. The State of Maharashtra, Through its Secretary, Social Welfare Department, Mantralaya, Mumbai. 2. The Director of Social Welfare, Maharashtra State, Pune. 3. The District Social Welfare Officer, Jalgaon. 4. The Chairman/Secretary, Seva Sahakari Shikshan Prasarak Mandal, Chalisgaon, Dist. Jalgaon. .. .. Respondents 2 Shri C. P. Patil, Advocate for the Petitioner. Shri S. V. Kurundkar, Addl.G.P. for the Respondent No. 1 to 3. Shri P. S. Patil, Advocate for the Respondent No. 4. CORAM : A. P. DESHPANDE, AND N. D. DESHPANDE, JJ. DATE : 11TH MARCH, 2010. ORAL JUDGMENT [Per A. P. DESHPANDE, J. ] : 01. Rule. Rule made returnable forthwith. Taken up for final hearing with consent of parties. 02. The petitioner possesses qualification of B.Sc. B.Ed. and is working as primary school teacher. The appointment of the petitioner was initially approved as a trained teacher. However, in view of the judgment of the Full Bench of this Court holding that D. Ed. qualification is must for a trained teacher to be appointed in primary school, the approval granted to the petitioner as trained teacher is revoked and he is being treated as an untrained teacher. 03. The petitioner is heavily relying upon the observations 3 made in the judgment in the case of State of Maharashtra and others v. Tukaram Tryambak Choudhari and others reported in 2007 AIR SCW 1321. According to the learned counsel for the petitioner, the Supreme Court has concluded in paragraph 22 that a trained graduate teacher can also be appointed in primary school depending upon the position of 25% quota. 04. The learned Additional Government Pleader appearing for the Social Welfare Officer has submitted that the Social Welfare Officer will consider the claim of the petitioner in the light of the Supreme Court Judgment if the management forwards proposal in conformity with the judgment of the Supreme Court referred hereinabove and proper decision in regard to the approval to the appointment of the petitioner will be taken within a period of eight weeks from the date of receipt of proposal, after affording an opportunity of hearing to the petitioner so also the school management. 05. The learned counsel for the management submits that the management shall forward a proposal in regard to grant of approval to the appointment of the petitioner as a trained 4 graduate teacher in 25% quota. Learned counsel for the respondent No. 4 also submits that the proposal will be submitted within four weeks from today. We accept the statement and direct the school management to forward the proposal seeking the approval to the appointment of petitioner as trained graduate teacher to the Social Welfare Officer within four weeks from today and the Social Welfare Officer shall pass proper order in accordance with law on the said proposal after affording an opportunity of hearing to the petitioner and the school management, within eight weeks from the date of receipt of the proposal. In that view of the matter the petition stands disposed of. The rule is made absolute in above terms. [ N. D. DESHPANDE, J.] [A. P. DESHPANDE, J.] bsb/Mar.10