1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.576 OF 2008 Shri.Bharat Ramchandra Katare. ...Petitioner. vs. 1.State of Maharashtra & ors. ...Respondents. --- Mr.N.V.Bandiwadekar, for Petitioner. Mr.G.M.Savagave, for Respondents 1 & 2. Mr.C.R.Sonawane, AGP for Respondent nos.3 & 4. --- CORAM: D.K.DESHMUKH & N.D.DESHPANDE, JJ. DATED: 21ST April,2008. P.C.:- 1. By this petition, the petitioner challenges the order dated 17.12.2007 by which the Education 2 officer has cancelled the approval given to the appointment of the petitioner as physical education teacher in a secondary school. The sole reason for cancelling approval given to the petitioner as physical education teacher was that his basic graduate qualification is B.E. and he is not a graduate of Arts, Commerce or Science. Admitted position is that the order has been made without issuing show cause notice to the petitioner. Therefore, to find out whether had show cause notice been given to the petitioner, did the petitioner has any cause to show, we heard the petitioner. 2. We find after perusing Schedule (B) and (C) of the Maharashtra Employees of Private Schools Rules 1981 that the qualification prescribed for physical education teacher is graduation in Arts, Commerce or Science faculty with training qualification of B.P.Ed. or B.Ed (physical education) or Diploma in Physical Education. The petitioner admittedly is not a graduate of Arts, Commerce or Science faculty and therefore, does not possess a basic qualification which is required by the provisions of Schedule (B) 3 and (C) of the M.E.P.S.Rules 1981. We find that even if the authority had issued a notice to the petitioner in view of the clear provision contained in Schedule (B) and (C), no difference would have been made to the conclusion ultimately reached by the authority. We do not find any merit in the petition, the petition is rejected. (D.K.DESHMUKH, J.) (N.D.DESHPANDE, J.) --- 4 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.834 OF 2008 IN WRIT PETITION NO.576 OF 2008 Mr.Suresh Patil. ...Applicant. vs. Shri.Bharat Ramchandra Katare & ors. ...Respondents. --- Mr.N.V.Bandiwadekar, for Petitioner in W.P. Mr.G.M.Savagave, for Respondents 1 & 2 in W.P. Mr.C.R.Sonawane, AGP for Respondent nos.3 & 4 in W.P. --- CORAM: D.K.DESHMUKH & N.D.DESHPANDE, JJ. DATED: 21ST April,2008. P.C.:- In view of the order passed in the petition today i.e. 21.4.2008, the civil application does not survive for consideration. The civil application is disposed of. 5 (D.K.DESHMUKH, J.) (N.D.DESHPANDE, J.)