1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO. 670 OF 2008 Mr. Shrikant Shamrao Patil. .... Petitioner. V/s. The State of Maharashtra & Ors. .... Respondents. ..... Mr. Suresh S. Pakale for the Petitioner. Mrs. M.P. Thakur, A.G.P. for Respondents 1 & 2. Mr. Amit Borkar for Respondents 3 & 4. ..... CORAM : DR. D.Y. CHANDRACHUD,J. 08TH APRIL 2008. P.C. :- The School Tribunal has come to the conclusion that the Petitioner was not appointed in accordance with law by a regular process of selection and that at the material time when he was appointed, he did not hold the qualification required for the post of Librarian under the Maharashtra Employees of Private Schools Rules, 1981. 2 The contention of the Petitioner is that he held the required qualifications and reliance is placed on the entry at clause IV(5) of Schedule B to the M.E.P.S. rules under which the qualifications for a Librarian are as follows :- “(5) Librarian : A person who has passed at least the Matriculation or the Secondary School Certificate Examination and possesses a certificate in Library Training awarded by the directorate of Libraries. (or a certificate in Library Management awarded by a University recognized by Government).” The bracketed portion of the aforesaid entry was brought in by a Notification dated 24th September 1999. The Petitioner was in service on 1st October 1994 and his case that he was unlawfully terminated from service on 1st July 1999. During this period, the requirement was that in order to qualify as a Librarian, a person should have passed the matriculation or a Secondary School Certificate Examination and should possess a certificate in Library Training awarded by the Directorate of libraries. This qualification was admittedly not held by the Petitioner, inasmuch as he did not hold a 3 certificate in Library Training awarded by the Directorate of libraries. The Petitioner claims to have pursued a three month Librarian course from the Shivaji University, Kolhapur. Since the Petitioner was not a duly qualified candidate, no case has been made out for interference under Articles 226 and 227 of the Constitution. The Petition is accordingly dismissed. -----