: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO.3997 OF 2006 WRIT PETITION NO.3997 OF 2006 WRIT PETITION NO.3997 OF 2006 Dr.Ambedkar Memorial Shikshan Mandal Dr.Ambedkar Memorial Shikshan Mandal Dr.Ambedkar Memorial Shikshan Mandal & Ors. ...Petitioners. & Ors. ...Petitioners. & Ors. ...Petitioners. V/s. V/s. V/s. The State of Maharashtra & Ors. ...Respondents. The State of Maharashtra & Ors. ...Respondents. The State of Maharashtra & Ors. ...Respondents. Shri N.V.Bandiwadekar for the Petitioners. Shri N.V.Bandiwadekar for the Petitioners. Shri N.V.Bandiwadekar for the Petitioners. Shri R.D.Rane, G.P. for the Respondent No.1. Shri R.D.Rane, G.P. for the Respondent No.1. Shri R.D.Rane, G.P. for the Respondent No.1. Shri S.D.Thorat for Respondent No.2. Shri S.D.Thorat for Respondent No.2. Shri S.D.Thorat for Respondent No.2. Shri Yogesh M. Nakhwa for Respondent No.3. Shri Yogesh M. Nakhwa for Respondent No.3. Shri Yogesh M. Nakhwa for Respondent No.3. CORAM: B.H.MARLAPALLE & CORAM: B.H.MARLAPALLE & CORAM: B.H.MARLAPALLE & J.H.BHATIA, JJ. J.H.BHATIA, JJ. J.H.BHATIA, JJ. DATE : 5th December, 2006. DATE : 5th December, 2006. DATE : 5th December, 2006. P.C.: P.C.: P.C.: 1. Heard Mr.Bandiwadekar, the learned counsel 1. Heard Mr.Bandiwadekar, the learned counsel 1. Heard Mr.Bandiwadekar, the learned counsel appearing for the petitioners. Petitioner no.1 is the appearing for the petitioners. Petitioner no.1 is the appearing for the petitioners. Petitioner no.1 is the society and petitioner no.2 is the primary school and society and petitioner no.2 is the primary school and society and petitioner no.2 is the primary school and the petitioner no.3 is the teacher for whose benefit, the petitioner no.3 is the teacher for whose benefit, the petitioner no.3 is the teacher for whose benefit, this petition has been moved. this petition has been moved. this petition has been moved. 2. He claims to be appointed as an Assistant 2. He claims to be appointed as an Assistant 2. He claims to be appointed as an Assistant Teacher in June, 1995. Though he had the qualifications Teacher in June, 1995. Though he had the qualifications Teacher in June, 1995. Though he had the qualifications of B.A.,B.Ed., a full bench of this Court held that of B.A.,B.Ed., a full bench of this Court held that of B.A.,B.Ed., a full bench of this Court held that B.Ed. is not the required qualification for primary B.Ed. is not the required qualification for primary B.Ed. is not the required qualification for primary school teacher and such teacher must possess D.Ed. school teacher and such teacher must possess D.Ed. school teacher and such teacher must possess D.Ed. qualification and, therefore, the petitioner no.3 joined qualification and, therefore, the petitioner no.3 joined qualification and, therefore, the petitioner no.3 joined the D.Ed. course and completed it in December, 2003. the D.Ed. course and completed it in December, 2003. the D.Ed. course and completed it in December, 2003. Obviously, his seniority will be counted only after he Obviously, his seniority will be counted only after he Obviously, his seniority will be counted only after he : 2 : acquired D.Ed. qualification and the petitioners’ claim acquired D.Ed. qualification and the petitioners’ claim acquired D.Ed. qualification and the petitioners’ claim that the petitioner no.3 has been in continuous service that the petitioner no.3 has been in continuous service that the petitioner no.3 has been in continuous service under the petitioner no.2-school but as a surplus under the petitioner no.2-school but as a surplus under the petitioner no.2-school but as a surplus teacher. teacher. teacher. 3. In the meanwhile, the respondent no.3 was 3. In the meanwhile, the respondent no.3 was 3. In the meanwhile, the respondent no.3 was absorbed in the academic year in 1999 as a surplus absorbed in the academic year in 1999 as a surplus absorbed in the academic year in 1999 as a surplus teacher under the petitioner no.2-school and he has been teacher under the petitioner no.2-school and he has been teacher under the petitioner no.2-school and he has been continued during the last about 7 years. continued during the last about 7 years. continued during the last about 7 years. 4. Limited prayer in this petition is for 4. Limited prayer in this petition is for 4. Limited prayer in this petition is for directions for the absorption of the petitioner no.3 directions for the absorption of the petitioner no.3 directions for the absorption of the petitioner no.3 either under the petitioner no.2-school or any other either under the petitioner no.2-school or any other either under the petitioner no.2-school or any other school. Mr.Thorat, the learned counsel appearing on school. Mr.Thorat, the learned counsel appearing on school. Mr.Thorat, the learned counsel appearing on behalf of the respondent no.2, i.e., Zilla Parishad behalf of the respondent no.2, i.e., Zilla Parishad behalf of the respondent no.2, i.e., Zilla Parishad submitted that this petition itself could be treated as submitted that this petition itself could be treated as submitted that this petition itself could be treated as representation by the petitioner no.3 and the petitioner representation by the petitioner no.3 and the petitioner representation by the petitioner no.3 and the petitioner nos.2 and 3 will be heard and appropriate order will be nos.2 and 3 will be heard and appropriate order will be nos.2 and 3 will be heard and appropriate order will be passed regarding the absorption of petitioner no.3 passed regarding the absorption of petitioner no.3 passed regarding the absorption of petitioner no.3 within a period of six weeks by the respondent no.2. within a period of six weeks by the respondent no.2. within a period of six weeks by the respondent no.2. 5. We note down the said statement and direct the 5. We note down the said statement and direct the 5. We note down the said statement and direct the respondent no.2 to hear the petitioner nos.2 and 3 and respondent no.2 to hear the petitioner nos.2 and 3 and respondent no.2 to hear the petitioner nos.2 and 3 and pass an appropriate order regarding the absorption of pass an appropriate order regarding the absorption of pass an appropriate order regarding the absorption of petitioner no.3 within a period of two months from petitioner no.3 within a period of two months from petitioner no.3 within a period of two months from today. today. today. : 3 : 6. The petition stands disposed off in terms of 6. The petition stands disposed off in terms of 6. The petition stands disposed off in terms of the above directions. the above directions. the above directions. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.)