1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 609 OF 2011 Abdul Naseem Gulam Nabi -versus- The Secretary, Education Department and others. __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. CORAM : B.P.DHARMADHIKARI & A.P. BHANGALE, JJ. DATED : OCTOBER 10, 2011. Heard Shri M.A. Vaishnav, learned counsel for petitioner, Shri D.N. Mathur, learned counsel for respondent no.1 and Shri Kankale, learned A.G.P. for respondent no.1. Contention is, school came on grant in 2010 and hence from that date onwards scheme of Shikshan Sevaks became applicable. Petitioner has been appointed as teacher in 2008 and that appointment, therefore, must be presumed to be that of an Assistant Teacher and not as Shikshan Sevak. 2 Shri Kankale, learned A.G.P. states that the application of Shikshan Sevak Scheme to the establishment is totally irrelevant in present facts, as in 2008 also the petitioner could not have been appointed as Assistant Teacher. It is apparent that had scheme of Shikshan Sevak been applicable to the respondent no.3 establishment, in 2008 the petitioner could not have been appointed as Assistant Teacher, hence, merely because the scheme was not then applicable or became applicable later on, petitioner cannot contend that his initial entry must be presumed to be as an assistant teacher. We do not see any merits in the contention. Petition is, thus rejected. No costs. JUDGE JUDGE Rgd.