1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST) NO.4820 OF 2008 IN WRIT PETITION NO.2430 OF 2002 Udhav Mahadeo Gaikwad ..Petitioner. Vs. The State of Maharashtra and others ..Respondents. .... Mr. Machhindra A. Patil for the Petitioner. Mr. A.P. Vanarase, AGP for Respondents 3, 5 and 7. .... CORAM: DR. D.Y. CHANDRACHUD, J. 23rd April, 2008. P.C. : The order of reinstatement that has been passed by the School Tribunal was stayed by the Learned Single Judge on 14th June, 2002. Prima facie, the Learned Single Judge held that reinstatement of a teacher who does not hold necessary qualifications would be prejudicial to the interest of students. Interim stay was subject to the deposit of backwages. The relief which has been sought in the Civil Application is for a direction to the Respondents to admit the Applicant to the postal D. Ed. course. 2 An affidavit in reply has been filed by the State Council of Education Research and Training in which it has been stated that the postal D. Ed. course is only for the untrained teachers / Shikshan Sevaks under the Government Resolution dated 5th February, 1999, 2nd June, 2000 and 11th July, 2000. Since the Applicant is not in service, it has been stated that he is not eligible for admission to the postal D. Ed. course. Prima facie, the G. R. dated 2nd June, 2000 more particularly the conditions contained therein would demonstrate that the postal D. Ed. course is for in service candidates. Condition 2 for instance is to the effect that the post of the teacher should be duly sanctioned; Condition 3 is that the teacher should be a full time teacher and Condition 4 is that the service of the teacher should be continuous. Similarly, Condition 5 is that the reservation roster should be observed. All these conditions, prima facie, apply to an in service candidate. As the order of reinstatement has been stayed, it would not be possible for this Court to grant interim relief of the nature sought in the Civil Application. Reliance has been placed upon an ad interim order dated 15th December, 2006 passed by a Division Bench in Writ 3 Petition 4534 of 2006 and 4535 of 2006. That was, however, a case where the Division Bench directed that the admission to the postal D. Ed. course shall be continued and shall be not terminated on account of the fact that the teachers were not in service. This is not a case where an applicant was already admitted to the postal D. Ed. course in which case the question as to whether the admission should be continued even after termination would have arisen. The Applicant seeks admission to the postal D. Ed. course after the Learned Single Judge had granted stay on the reinstatement. That relief cannot be granted. The Civil Application accordingly stands dismissed. *****