1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2652 OF 2008 (Kum. Jayshri d/o Deochand Pandya vs. High School Society, Saoner & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. OCTOBER 23, 2008. Heard Shri Parate with Mishra, learned counsel for the petitioner and Shri Charpe, learned counsel for respondents No. 1 & 2 – management. The challenge in this writ petition is to the order of School Tribunal on preliminary issues, dismissing the appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and Maharashtra Employees of Private School Rules, 1981, filed by present petitioner before it, holding that as the petitioner was not D.Ed., he was not qualified for appointment in Primary School. The fact that School runs classes from Standard 1st to Standard 5th is not in dispute. The contention is, a candidate with B.Ed. qualification is eligible for appointment in such Primary School in view of the judgment of the Hon'ble Apex Court in the case of State of Maharashtra vs. Tukaram 2 Tryambak Chaudhari , reported at 2007 (2) All MR 933. Shri Parate with Shri Mishra, learned counsel for the petitioner – employee has contended that the Hon'ble Apex Court has overruled the judgment of Full Bench of this Court in the case of Jayashree Sunil vs. State of Maharashtra, reported at 2000 (3) Mh. L.J. 605, which hold that candidates with B.Ed. qualification are not eligible for such appointment. Shri Charpe, learned counsel for respondents No. 1 & 2 – management has contended that the Hon'ble Apex Court has not overruled the judgment of Full Bench and it has considered the entirely different controversy. The perusal of judgment of the Hon'ble Apex Court clearly shows that it has considered the question of continuation of teachers with B.Ed. qualification, appointed in Primary Schools running classes up to 7th standard, whose services were duly approved by the Education department. The Hon'ble Apex Court has noticed that a Government Resolution was issued on 14.11.1979 with a view to remove discrimination between teachers working on such 5th to 7th standard, attached to Secondary Schools and Primary Schools. The judgment of 3 Division Bench of this Court in the case of Kondiba Dattarao Mirashe vs. State of Maharashtra, reported at 2003 (2) All MR 951, has also been approved by the Hon'ble Apex Court. It is thus clear that the question of eligibility qualification for appointment has not been considered by the Hon'ble Apex Court in the said judgment and in any case the present petitioner has been directly appointed in a School having only standards from 1st to 5th. A teacher with proper appointment and qualifications working in Primary School having classes from 1st to 7th, after he obtains graduation and B.Ed., can be given appointment against 25% quota in such Schools. Thus, there can be no direct appointment against such post. The Hon'ble Apex Court, has thus not overruled the Full Bench judgment of this Court. No case is made out warranting any interference in writ jurisdiction. Writ Petition is dismissed. No order as to costs. JUDGE *GS.