1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Writ Petition No.3166 of 2008 [Rajesh S. Ingle Vs. State of Mah. & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. M.P. Suryawanshi, Adv., for the petitioner. Mrs. T.D. Khade, AGP for respondent nos. 1 and 2. Mr. G.G. Mishra, Adv., for Respondent No.4. Mr. B.G. Kulkarni, Adv., for respondent nos. 5 and 6. ----- CORAM : B.H. MARLAPALLE AND A.H. JOSHI,JJ. DATE : 18th December, 2008. 1. Heard Mr. Suryawanshi, the learned Counsel for the petitioner. 2. The petitioner prays for directions to consider his claim for admission to the Postal D.Ed. Course on the basis that he was selected for admission to the said course in the year 1996, and further prays for directions against respondent nos. 5 and 6 to reinstate him on the post where he was working with full back wages for the last fifteen years. 3. As per the petitioner, he was appointed 2 as an untrained Asstt. Teacher by the respondent no.5-Society in its primary school [respondent no.6]. He claims to have rendered continuous service of fifteen years, but was not paid any salary. He further claims that in the year 1996, he was selected and recommended for admission to the Postal D.Ed., Course conducted by the Zilla Parishad, Nagpur, as per the scheme framed by the State Govt., vide Govt. Resolution dated 11th November, 1994, but he was not allowed to be admitted. He, therefore, approached this Court in Writ Petition No. 3988 of 2001, which was disposed off on 9th August, 2002 in terms of the following order :- “Both the parties agree that this petition can be disposed of at this stage itself by directing the respondents to consider the case of the petitioner for Postal D.Ed. Training Course if fresh applications are moved by the petitioners. AGP Shri Patel states that the applications, if so made, will be considered strictly in accordance with law.” 4. As per the petitioner, after the said order came to be passed by this Court in Writ Petition No. 3988 of 2001, Advocate's notice dated 8th February, 2003 was sent to the Deputy Director, Maharashtra State Educational Research & Training Council. The petitioner also submitted a representation to the Secretary, Department of Education, on 10th September, 2003, and submitted an application to the Education 3 Officer [Primary], Zilla Parishad, Nagpur, on 27th October, 2002, for admission to the Postal D.Ed., Course. 5. So far as the prayer for reinstatement is concerned, on one hand, the petitioner states that he was in continuous service for a period of fifteen years, and on the other hand, he states that he requires to be reinstated with back wages of fifteen years. Even otherwise, in respect of the grievance of illegal termination of service, the petitioner was required to file an appeal before the School Tribunal under Section 9 of the Maharashtra Employees of Private Schools [Conditions of Service] Regulation Act, which he has not done at any time. 6. As far as the petitioner's grievance regarding admission to the Postal D.Ed., Course is concerned, we have perused the Affidavits-in- Reply filed by the Education Officer as well as the respondent nos. 5 and 6. Both the employer- Society and Education Officer have stated that the petitioner was never employed as an Asstt. Teacher by the respondent no.5-Society at the respondent no.6-School, namely Mainabai Prathmik Vidyalaya, Joshiwadi, Nagpur. The petitioner himself claims to be the President of Untrained Teachers' Association, and the order passed by this Court on 9th August, 2002 clearly records the statement made by the learned AGP that the 4 petitioner's application for admission to the D.Ed., Training Course will be considered strictly in accordance with law. If the petitioner was never employed as a Primary School Teacher by respondent nos. 5 and 6 at any time, he has no claim for admission to the Postal D.Ed.,Course and the claim so made was frivolous. 7. Hence the petition fails at the threshhold and the same is hereby rejected. Judge Judge |Hedau| 5