JUDGMENT - Deshpande V.S., C.J.-The two writ petitions of (1) Watkar and (2) Smt. Damle are referred to the Full Bench by an order dated 7-8-I98I by a Division Bench (Masodkar and Jamdar JJ). The question referred by the Division Bench, reads as follows :

“Whether the writ petitions under Articles 226 and 227 of the Con­stitution of India are maintainable at the behest of the teachers for en­forcement of their entitlements under or arising out of the Secondary Schools Code?”

2. Shri Madkholkar, the learned Advocate appearing for the petitioner Watkar, made a statement at the Bar that his case is not covered by the question referred, as he is not claiming any relief under the Secondary Schools Code (hereinafter referred to as the Code). His petition seeks to enforce his right arising out of the Government Resolution referred to in his petition. The question raised in Watkar's case can be disposed of separately by the Division Bench itself without regard to the answer to the question referred being in the affirmative or negative. We, therefore, did not think it necessary to hear him and made it clear that the judgment in this case will not cover his petition. It will be placed before

Click Here to Read the rest of this document