wp4876.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4876 OF 2009 Shivaji s/o Devla Rathod, R/o-Badhonaik Primary Ashram School, At and Post-Tupewadi, Tq-Badnapur, Dist-Jalna. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through the Secretary, Education Department, Mantralaya, Mumbai, 2) The Department of Education, S.B.C., V.J.N.T. and Spl. B.C. Welfare, Maharashtra State, Pune, Through its Director, 3) The Special District Social Welfare Officer, Jalna, Dist-Jalna. 4) Vasantrao Naik Shikshan Arogya Sansodhan Pratisthan, Umri, Tq-Bhokar, Dist-Nanded, Through its Secretary/President, 5) Badhonaik Primary Ashram School, At and Post-Tupewadi, Tq-Badnapur, Dist-Jalna. ...RESPONDENTS. wp4876.09 2 ... Shri.A.D. Shinde Advocate for Petitioner. Shri.V.B. Ghatge, A.G.P. for Respondent Nos. 1 to 3. Shri.K.D. Bade Patil Advocate for Respondent Nos. 4 and 5. ... CORAM: NARESH H. PATIL AND T.V. NALAWADE, JJ. DATE : 14TH OCTOBER, 2011. PER COURT : 1. Heard learned counsel appearing for the respective parties. 2. The Petitioner submits that he was appointed as Assistant Teacher on 27th May, 1998. At the relevant time, he had passed S.S.C. and H.S.C. He tried to complete D.Ed. Course. He had appeared for D.Ed. Course examination in the year 2004. He had passed near-about all the subjects except English, prescribed for D.Ed. Course. The State Government has issued Government Resolution in the year 2000, whereby three chances were wp4876.09 3 prescribed for the employees like Petitioner, to complete D.Ed. Course. The counsel for the Petitioner submits that even if it is considered that the Petitioner was not qualified to be continued as assistant teacher having not passed D.Ed. Course, then as an untrained teacher, Petitioner's services could be continued. 3. Learned counsel appearing for Respondent Nos. 4 and 5 has referred to the communication dated 15th April, 2008 issued by the Respondent No.4 - Secretary, Vasantrao Naik Shikshan Arogya Sansodhan Pratishtan, Umri, addressed to the Petitioner, intimating that his services were terminated by the Special District Social Welfare Officer for not completing D.Ed. Course within three prescribed chances. The said communication is annexed at Exhibit R-3 to the reply filed on behalf of Respondent Nos.2 and 3. 4. In the light of the statement made by the wp4876.09 4 learned counsel for Respondent Nos.4 and 5 and the communication placed on record that Petitioner's services were terminated in the year 2008, the Petitioner to resort to appropriate remedy challenging the termination order. The Writ Petition is accordingly disposed of. [T.V. NALAWADE, J.] [NARESH H. PATIL, J.] asb/OCT11