hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8771 OF 2009 Pruthviraj s/o. Dnyandeo Bhosale ... Petitioner Versus The State of Maharashtra and Ors. ... Respondents Mr. S.R. Barlinge and Mr. A.J. Kandarkar the for Petitioner. Mr. A.B. Vagyani, A.G.P. For R. Nos. 1 to 3. CORAM : F.I. REBELLO & D.B. BHOSALE, JJ. DATED : NOVEMBER 03, 2009 P.C. In view of the order to be passed, notice on respondent Nos. 4 and 5 dispensed with. Notice waived on behalf of Respondent Nos. 1 to 3. Rule. By consent heard forthwith. The Petitioners approached this court seeking relief by way of mandamus directing Respondent Nos. 1 to 3 to grant permanent approval to his appointment as trained teacher. The Respondent have refused the Petitioner’s appointment as trained teacher on permanent basis as he was untrained. The contention of the Respondent is that the Petitioner ought to have teaching qualification of D. Ed. and not B. Ed. which the Petitioner possesses. The Petitioner relies on the judgment of the Supreme Court in State of Maharashtra and Others Vs. Tukaram Tryambak Chaudhari and Ors. 2007AIR SCW 1321. Considering the controversy, we remand the matter to Respondent No. 3 to consider Petitioner’s case by following the following directions : (1) To consider whether the Petitioner was appointed for standard 5th to 7th. (2) Whether 25% quota meant for graduate teachers have been filled by other teachers or still available. (3) In the event there are vacancies in 25% quota in terms of G.R. As explained in the judgment of Tukaram Chaudhari (supra) then to consider Petitioner’s case and pass appropriate orders. The entire process to be completed within twelve weeks from today. Rule made absolute accordingly. No order as to costs. (D.B. BHOSALE, J.) (F.I. REBELLO,J.)