IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3361 OF 2005 WRIT PETITION NO.3361 OF 2005 WRIT PETITION NO.3361 OF 2005 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:------------------------------------ Mr.C.G.Gavnekar for the petitioners. Mr.S.R.Nargolkar AGP for the respondents. CORAM: V.G.PALSHIKAR & CORAM: V.G.PALSHIKAR & CORAM: V.G.PALSHIKAR & D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. DATED: 8TH SEPTEMBER, 2005 DATED: 8TH SEPTEMBER, 2005 DATED: 8TH SEPTEMBER, 2005. P.C.: . By this petition, the petitioner-association has challenged the communication dated 22.12.2004 requiring primary teachers to undergo examination to acquire benefit of particular scale. Notice, why the petition be not admitted was issued. The main contention of the petitioners is that even after completion of 12 years of service if the primary teachers fails to pass requisite examination he may permanently loose benefit. The affidavit in reply is filed wherein it is categorically stated that where the primary teachers inservice cannot pass the examination satisfactorily, he or she has chance to complete the same in subsequent years. Subsequently, the primary teacher would not loose any annual increment and will not suffer financially. In this view of the position stated on the affidavit the petition does not survive. The writ petition is accordingly disposed of. ...