1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1210 OF 2009 Astha Shikshan Sanstha, Asta Kasar, Through its Secretary, Shri Subhash Karbasappa Tadkale .. Petitioner Versus 1. The State of Maharashtra and others .. Respondents Shri V. D. Gunale, Advocate for the Petitioner. Shri K. B. Choudhary, Addl. G. P. for the Respondents No. 1 to 3. Shri S. S. Jadhavar, Advocate for the Respondent No. 4. CORAM : A. P. DESHPANDE & N. D. DESHPANDE, JJ. DATE : 02ND FEBRUARY, 2010. ORAL ORDER [ PER A. P. DESHPANDE, J. ] : 1. The only contention that is pressed in service in this petition is about eligibility of respondent No. 4 for being appointed to the post of Head Master as he is possessing qualification of B.A. B.P.Ed. 2 The submission of learned counsel appearing on behalf of petitioner is that a person possessing qualification of B.A. B.P.Ed. and working as physical training teacher is not qualified for being appointed by promotion to the post of Head Master by virtue of language used in Rule 3 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules. Rule 3 prescribed qualification for appointment to the post of Head. Relevant portion of Rule reads thus : 3. Qualifications and appointment of Head :- (1) A person to be appointed as the Head- (a) (i)............................ (ii).......................... (b) of a secondary school including night school or a Junior College of Education shall be a graduate possessing Bachelor's degree in teaching or education of a statutory University or any other qualification recognized by Government as equivalent thereto and possessing not less than five years' total full-time teaching experience after graduation in a secondary school or a Junior College of Education out of which at least two years' experience shall be after acquiring Bachelor's degree in teaching or education. 3 Provided that, in the case of a person to be appointed as the Head of a night Secondary School-- (i) he shall not be the one who is holding the post of the Head or Assistant Head of a day school, and (ii) the experience laid down in clause (b) of sub-rule (1) may be as a part-time teacher. " 2. In the submissions of learned counsel for the petitioner, a person has to be graduate possessing Bachelor's degree in teaching or Education and as physical education teacher does not impart education, as such, he does not qualify for being appointed as Head Master. The premise on which the submission is made is that imparting of physical education is not imparting of education. The question raised in this petition stand squarely covered by judgment of Division Bench of this Court in Writ Petition No. 154 of 2002 dated 16th April, 2002 to which one of us (Justice A. P. Deshpande, J.) is party. 3. This Court has categorically held that the person possessing qualification of B.A. B.P.Ed. and working as physical education teacher is very much eligible and qualified for being appointed to 4 the post of Head Master as B.P.Ed. is equivalent to B.Ed. Rule 3 also postulates possessing requisite qualification or its equivalent. As the issue is squarely answered in the above referred judgment, we have no hesitation in concluding that the respondent No. 4 was and is very much eligible and qualified for being appointed as Head Master. 4. The Education Officer has initially granted permission in favour of respondent No. 4 as an in-charge Head Master by way of stop gap arrangement and thereafter approved the appointment of respondent No. 4 to the post of Head Master by promotion under Rule 3 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules 1981. We do not see any illegality in the action on the part of the Education Officer. Answering the issue against the petitioner, we dismiss the writ petition. [ N. D. DESHPANDE, J.] [ A. P. DESHPANDE, J.] bsb/Feb. 2010