1 Lrs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.8053/2009 Shri Dattatraya Madhav Hegadkar ..Petitioner. vs. Maharashtra Mandal, Through its Secretary. ..Respondents. And ors. Mr S.V. Pitre, Advocate for the Petitioner. Mr S.R.Nargolkar, A.G.P., for respondent Nos. 3 and 4. CORAM: D.K. DESHMUKH AND A.R.JOSHI,JJ DATED: 14TH JANUARY,2010 P.C.:- The petitioner, by this petition, makes a grievance about not being given up-gradation in the post of Assistant Teacher pursuant to the proposal made by the Management which is at Exh.J. When we asked the learned counsel appearing for the petitioner that on what basis this resolution has been passed, he relied on a Circular issued by the Director of Education dated 27.4.1981. The Legislature of the State of 2 Maharashtra enacted the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the Act came into force on 15.7.1981. The Circular was issued before the commencement of the Act. The provisions of the Act contemplate direct recruitment of the Assistant Teachers and therefore, in view of the provisions of the Act the Circular of the Director will not survive. The learned counsel then relied on a Circular of the Government dated 17.1.2001. Perusal of that Circular shows that it relates to giving graduate scale to some of the teachers working in the school from 5th to 7th standards. The present petition is not for giving of graduate scale. It contemplates grant of up- gradation. The learned counsel for the petitioner relied on the letter dated 27.7.2001 from the Director of Education. That letter deals with the question of giving graduate scales to the teachers and it also deals with making the appointment after advertisement to the post of Assistant Teachers, we do not find that the petitioner has any right of appointment by up-gradation in a secondary school. The petition is, therefore, rejected. (D.K. DESHMUKH,J) (A.R.JOSHI,J)