1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1355/2011 VIVEK RAMCHANDRABAPU KAPSE ..VS.. THE COMMISSIONER TRIBAL DEVELOPMENT STATE OF MAH AND ORS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S. Voditel, adv for petitioner Shri N.W. Sambre, G.P.for R-1 to 3. CORAM : SMT. VASANTI A. NAIK & P.B. VARALE, JJ. DATE : JULY 26, 2011. By this petition the petitioner impugns the order passed by the Commissioner, Tribal Development, Nashik, rejecting the proposal of the petitioner for appointment on the post of Headmaster in the Secondary Ashram School. The petitioner had acquired B.A. Degree in the year 1993 and was appointed as an Assistant Teacher in the respondent no.5 Ashram School in the year 1994. The petitioner secured B.Ed. Qualification in the year 1996 and was continuously working till this date. On 1.7.2006, the respondent. State of Maharashtra granted permission to the Ashram School to run the Secondary School. It appears that on 1.7.2008, the petitioner was appointed as the Head of the Secondary Ashram School and a proposal was submitted to the respondent no.2 in that regard. The respondent no.2, however, by the order dated 16.7.2009 rejected the proposal of the petitioner. The petitioner filed an appeal against the said order before the respondent no.1. The appeal was 2 dismissed by the impugned order dated 3.12.2010. On hearing the learned counsel for the petitioner and the learned Government Pleader on behalf of respondent no.1 to 3, it appears that the respondent no.2 had rightly rejected the proposal of the petitioner as the petitioner was not qualified for being appointed on the post of Head of the Secondary Ashram School in view of the provisions of the Ashram School Code. Rule 3.38(B) of the Ashram School Code provides that a person seeking appointment on the post of Headmaster of the Secondary Ashram School should possess a graduate degree and should have full time teaching experience in any secondary school for at least 5 years, out of which at least two years experience should be gained after acquiring the training qualification. Though the petitioner had obtained the training qualification in the year 1996 the petitioner had the experience of working only in the Primary Ashram School till 1.7.2006. Hence, the petitioner did not have the requisite teaching experience of 5 years as required by Rule 3.35(B) of the Ashram School Code. Since the petitioner did not have the requisite qualification for appointment on the post of head of the Secondary School at the relevant time, in the year 2008 the respondent no.2 rightly rejected the proposal of the petitioner and the respondent no.1 was also justified in rejecting the appeal filed by the petitioner again the order passed by the respondent no.2 on 16.7.2009. 3 Hence, for the reasons aforesaid the writ petition is dismissed with no order as to costs. It is however, made clear that in case the respondent no.5 submits a fresh proposal in regard to the petitioner, the same shall be considered by the respondent no.2 in accordance with law as it is the case of the petitioner that he has now gained five teaching years experience in the secondary school. JUDGE JUDGE SMP