(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 3729 OF 2010 1. Dattram s/o. Prakash Paulbudhe, Age : 19 years, Occupation : Student, R/o. Rui, Taluka : Mahur, District : Nanded. 2. Digamber s/o. Satyayug Kirwale, Age : 20 years, Occupation : Student, R/o. Kupti (Bk), Taluka : Kinwat, District : Nanded. 3. Tirupati s/o. Devidas Kadam, Age : 19 years, Occupation : Student, R/o. Nanda (Bk), Taluka : Bhokar, District : Nanded. 4. Gautam s/o. Laxman Waghmare, Age : 22 years, Occupation : Student, R/o. Mangdhari, Taluka : Ahmedpur, District : Latur. .. Petitioners. versus (2) 1. The State of Maharashtra, Through Chief Secretary, Mantralaya, Mumbai-400 001. 2. Principal Secretary, Department of Education and Sports, Mantralaya, Mumbai-400 001. 3. Director of Education (Primary), Maharashtra State, Pune. 4. National Council for Teachers Education, Through its Member Secretary, Hansbhavan Wing-II, 1, Bhadurshah Jafar Marg, New Delhi - 110 002. 5. Regional Director, Western Regional Committee (NCTE), Manas Bhavan, Shyamla Hills, Bhopal-462 002. 6. Jasmine Marathi D.Ed. College, Run by Jasmine Education and Charitable Trust, Bidar, Through its Principal, Near Central School, Kamathana Road, Bidar, Karnataka - 585 403. 7. M.J.A. D.Ed. College of Education, (Marathi Medium), Run by AL-Noor Charitable Trust, through its Principal, Hulsoor Road, Basvakalyan, District : Bidar, Karnataka - 585 327. (3) 8. Basva Tatva Education Society's D.Ed. College, (Marathi Medium), Vidya Nagar, B.V.B. College Road, Bidar (Karnataka), Through its Principal. 9. Nidha Institute of D.Ed. Marathi College, Bidar, Near Kendra Vidyalaya School, Chidree Road, Bidar (Karnataka), Through its Principal. .. Respondents. ....................... Mr. R.B. Narwade Patil, Advocate, for the petitioners. Mr. S.K. Tambe, Assistant Government Pleader, for respondent nos.1, 2 and 3. ........................ CORAM : B.R. GAVAI & K.U. CHANDIWAL, JJ. DATE : 20TH SEPTEMBER 2010 COURT'S ORDER (Per B.R. Gavai, J.) : 1. The petitioners have challenged the Government Resolution dated 18th August 2009 and particularly clause 2(b) thereof. Under the said clause, it has been provided that such of the candidates, who have obtained D.Ed./TCH (Marathi Medium) qualification from the other states, would not be (4) eligible for the Central Pre-recruitment Selection test held by the Government of Maharashtra. The said Government Resolution has been subsequently replaced by the Government Resolution dated 16th December 2009. 2. The validity of the condition, similar to the condition mentioned in the Government Resolution dated 18th August 2009, which is challenged in the present petition, was subject matter of Writ Petition No. 1500 of 2010. A perusal of condition no.2(b), in the Government Resolution impugned, and the condition no.2(b) in the Government Resolution dated 16th December 2009, would reveal that they are almost identical. The Division Bench of this court, vide judgment and order dated 23rd June 2010, in Writ Petition No. 1500/2010, has upheld the validity of the said condition. 3. Since the Division Bench of this court has already upheld the validity of the condition mentioned in the Government Resolution dated 16th December 2009, which is analogous to the condition mentioned in the Government Resolution impugned in the present petition, and since the Government Resolution, which is subject matter of challenge, is also replaced by the subsequent Government Resolution, we do not find any merit in the petition. (5) 4. In the result, the petition is dismissed. ( K.U. CHANDIWAL ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp3729