1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.W.NO. 873/2010 IN W.P.NO.4530/2008. Ajay Vitthalrao Bhoyar . -: versus :- State of Maharashtra and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : APRIL 20, 2010. Heard Shri A.D. Mohgaonkar, learned counsel for petitioner, learned A.G.P. for respondent nos. 1 to 3 and Shri P.B. Patil, learned counsel for Respondent no.6/applicant. The application is by a person i.e. respondent no.6, who has been joined subsequently. His contention is he falls in category ‘D’ and therefore is entitled to graduate pay- scale. The interim orders have been obtained without joining him as party. Attention is invited to the impugned order dated 21.05.2008 which specifically finds petitioner a primary teacher to be untrained teacher and therefore not entitled to benefit of 25% graduate quota. The approval given to the petitioner in graduate quota is therefore canceled by the said order. The impugned order refers to government resolution which treats B.Sc., B.Ed. teachers in primary schools and Purva Madhyamik teachers as untrained 2 teachers eligible for inclusion in ‘G’ category of Schedule-F of the Maharashtra Employees of Private Schools Rules, 1981. Therefore, because of this fact as petitioner is required to be treated as untrained, the approval given to him in 25% graduate quota has been canceled. The petitioner has no where mentioned in the Writ Petition that he is not subjected to government resolution dated 25.06.1992. His contention is he was already in service and was given this 25% graduate post even before respondent no.6 entered the employment. That contention is not the relevant here. In this situation, it is apparent that the interim order obtained by the petitioner cannot be maintained. The same is accordingly vacated. Civil Application is accordingly allowed. No cost. JUDGE Rgd.