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1995 Supreme(Bom) 353

B.N.DESHMUKH, S.G.MUTALIK
Sanjay s/o. Namdeo Mutha – Appellant
Versus
Director, Maharashtra Educational Research and Training Institute, Pune and another – Respondent


JUDGMENT - B.N. DESHMUKH, J. :---Rule in all the petitions, returnable forthwith. The learned A.G.P. waives service on behalf of the concerned respondents.

2. These petitions raise important point of law and affect large number of Assistant Teachers teaching in different primary schools. The petitioners in all these petitions are appointed as Assistant Teachers in different primary schools. One of the conditions mentioned at the time of appointment is that they have to obtain D.Ed. qualification within 5 years of their appointments. In all these petitions, at the time of appointments, these Assistant Teachers had not obtained D.Ed. qualification. They were required to obtain D.Ed. qualification within five years; otherwise, their services were made liable to be terminated. In almost all the petitions, the petitioners, who were appointed as Assistant Teachers, were granted approval by the Education Department, and in the remaining cases, by the competent authorities constituted in Municipal Councils, etc. After allowing the candidates to be appointed as Assistant Teachers without D.Ed. qualification, in the primary schools, the Government had introduced a scheme, known as Postal (Cor



































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