1 wp-2908-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION W.P. NO. 2908 OF 2009 Sunil Dayaram Birari ..Petitioner Vs. Alka Pandurang Golati and Ors. ..Respondents .... Mr. P.N.Joshi Adv. for Petitioner Mr. D.K.Ghaisas Adv. for Respondent No.1 Ms. Manisha Shekhar i/b M/s. J.Shekhar for Respondent No.3. Mr. A.P.Vanarse AGP for Respondent Nos.4 and 5. .... CORAM : SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 4th , 2009 P.C.: 1. Heard the learned counsel for the petitioner, learned counsel for the respondents. 2. The petitioner was initially appointed as Assistant Teacher on 7th August, 1997 in the primary school run by Respondent No.2. At that time, his qualification was B.A. B.Ed. He came to be promoted as Head Master on 5th June, 2000. It is an admitted fact that till today, he has not obtained qualification of D.Ed. The approval granted to the 2 wp-2908-09 promotion of the petitioner as Head Master, came to be revoked by order dated 17th January, 2009. This order is based on the decision of the Full Bench of this Court in the case of Jayashree Sunil Chavan Vs. State of Maharashtra and ors. Reported in 2000(3) Mah.L.J. 605: [2000(3) ALL MR 465], wherein it was held that for the appointment to be made in a primary school, the necessary qualification is S.S.C. D.Ed. and only if person holds qualification of S.S.C. D.Ed. he would be considered as trained teacher eligible to be appointed in the primary school and as the petitioner did not have the qualification of D.Ed. even till today, the Deputy Director of Education directed the Educational Institution to demote the petitioner as untrained teacher and to select Head Master amongst other teachers who were having D.Ed. qualification. 3. The learned counsel for the petitioner placed reliance on the decision of the Supreme Court in the case of State of Maharashtra & Ors. Vs. Tukaram Tryambak Chaudhari & Ors. Reported in 2007(2) ALL MR 933 wherein according to the learned counsel for the petitioner, after considering the decision of the Full Bench [Jayashree Sunil Chavan (supra)], it was observed that even though the teacher had obtained the qualification of B.Ed. he would still be considered as trained teacher. However, it is seen that this decision was not brought to the attention of the respondent no.4-Deputy Director of Education. In this 3 wp-2908-09 view of the matter, the appropriate course would be that the Deputy Director of Education to reconsider the matter taking into consideration the decision of the Supreme Court in the case of State of Mah. and Ors. Vs. Tukaram Tryambak Chaudhari & Ors. (supra). In the result, the impugned order is set aside. The Respondent no.4-Deputy Director of Education shall consider the matter afresh after taking into consideration the decision in the case of State of Mah. Vs. Tukaram Tryambak Chaudhari and ors. (supra). All contentions of the parties are left open. 4. Writ petition is disposed of accordingly. [ SMT.V.K.TAHILRAMANI,J.]