1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3660 OF 1995. 1. Balkrishna S/o Govindrao Kshirsagar Age : 42 Yrs., Occ. Service, Assistant Teacher, Dhanaji Nana Prathamik Ashram School, Satrasen Tq. Chopda, Dist. Jalgaon. 1. Atmaram S/o Julal Mali Age : 37 Yrs., Occ. Service, Assistant Teacher, Dhanaji Nana Prathamik Ashram School, Satrasen Tq. Chopda, Dist. Jalgaon. 3. Subhash S/o Vithal Patil Age : 38 Yrs., Occ. Service, Assistant Teacher, Parvatabai Raising Bhadale Prathamik Ashram School, Umarati, Tq. Chopda, Dist. Jalgaon. 4. Vinod S/o Bhila Patil Age : 30 Yrs., Occ. Service, Assistant Teacher, Dhanaji Nana Prathamik Ashram School, Satrasen Tq. Chopda, Dist. Jalgaon. 5. Chhabilal S/o Popat Patil Age : 35 Yrs., Occ. Service, Assistant Teacher, Parvatabai Raising Bhadale Prathamik Ashram School, Umarati, Tq. Chopda, Dist. Jalgaon. 6. Jaising S/o Namdeo Patil Age : 43 Yrs., Occ. Service, Assistant Teacher, Parvatabai 2 Raising Bhadale Prathamik Ashram School, Umarati, Tq. Chopda, Dist. Jalgaon. 7. Smt. Shakuntala Pahun Fegade Age : 45 Yrs., Occ. Service, Assistant Teacher, L.N.Patil Ashram Shala, Pal, Tq. Raver, Dist. Jalgaon. 8. Ramesh S/o Baburao Mali Age : 38 Yrs., Occ. Service, Assistant Teacher, D.R.B. Post Basic Madhyamik Ashram School, Satrasen, Tq. Chopda, Dist. Jalgaon. 9. Motiram S/o Madhavrao Patil Age : 32 Yrs., Occ. Service, Boarding Superintendent, Post Basic Madhyamik Vidyalaya Satgaon (Dongari), Tq. Pachora, Dist. Jalgaon. 10. Kisan S/o Baburao Gaikwad Age : 32 Yrs., Occ. Service, Assistant Teacher, Post Basic Madhyamik Vidyalaya Satgaon (Dongari), Tq. Pachora, Dist. Jalgaon. .... PETITIONERS VERSUS 1. The State of Maharashtra 2. The Commissioner Tribal Development Maharashtra State, Nashik. 3 3. The Project Officer Intigrated Tribal Development Project, Yawal, Tq. Yawal, Dist. : Jalgaon. 4. Dhanaji Nana Choudhari Adivasi Seva Vikas Mandal Chopda, Tq. Chopda, Dist. Jalgaon through its President. 5. Pachora Taluka Sahakari Shikshan Sanstha, Pachora Tq. Pachora, Dist. Jalgaon, Through its President. .... RESPONDENTS Mr. S.R.Barlinge, Advocate for petitioner. Mr. K.B.Choudhari, Assistant Govt. Pleader for State. Mr. C.K.Shinde, Advocate for respondents. CORAM : B.R.GAVAI AND S.V.GANGAPURWALA, JJ. DATE : 15/06/2010 ORAL JUDGMENT : [ PER - B.R.GAVAI, J. ] 1. The petitioners have challenged the Circular dated 17/6/1994 issued by respondent. The petitioners have also sought for declaration that the petitioners are trained teachers. The petitioners are teaching in post Basic Ashram Schools. The petitioners are possessing graduation and B.Ed. or equivalent qualification. According to respondent no. 2, D.Ed. qualification is necessary qualification and since the petitioner does not possess it, they can not be treated as trained teachers. 4 2. The Apex Court in the case of State of Maharashtra & Oths. V/s Tukaram Tryambak Chaudhari & Oths. reported in 2007 AIR SCW – 1321 has held that such of the teachers who are working in the primary schools to which 5th to 7th standards are attached and who are possessing B.Ed. qualification, are required to be treated as trained teachers. 3. In the view of the matter, Rule is made absolute in terms of prayer clause ‘ C ’. [ S.V.GANGAPURWALA ] [ B.R.GAVAI ] JUDGE JUDGE knp/WP 3660.95