JUDGMENT - N.P. CHAPALGAONKER, J.:---Leave to amend.

2. This is a petition by an organization of the art teachers in Jalgaon District and one Mr. Dattatraya Bhavsar- petitioner No. 2 - who is serving as a teacher in a school run by the respondent No. 5- Rashtriya Sahakari Shikshan Prasarak Mandal, Chalisgaon. The petitioner No. 2 claims that he is entitled to be included in the "C" category of the Schedule F, Clause 2 appended to the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, and is also entitled for being considered for the post of the Supervisor in the school in which he is serving. Petitioner No.2 appears to be the senior most teacher as per the chart appended to this petition at page No. 17. On 20-2-1995, the Education Officer (Secondary), Zilla Parishad, Jalgaon, ordered that the petitioner No. 2 is not entitled to be included in category "C" and consequently is not entitled for the promotion to the post of Supervisor. This petition challenges this order of the Education Officer, Zilla Parishad, Jalgaon, and prays that the petitioner No. 2 be included in category "C" of the Schedule F.

3. Shri R.N. Dhorde, learned Counsel for the petitioners, contended that Clause 5 in category "C" includes the present petitioner No. 2 firstly on the count that his qualifications have been treated to be equivalent to the trained graduate and secondly for the reason that he has been appointed on the pay-scale prescribed for the trained graduate secondary school teachers. Shri Dhorde also submitted that after obtaining his S.S.C. Certificate, petitioner No. 2 obtained the diploma in teaching and thereafter had to wait for four years for being admitted to the course of Drawing Master (D.M.). After passing that examination, he has passed the Art Master's examination (A.M.). Therefore, he had undergone a long waiting for the qualifications of A.M. and these qualifications, which the petitioner No. 2 holds, have been considered to be equivalent to the B.Ed. and other qualifications which are required for recognition as a trained teacher. Shri Dhorde further submits that the graduation in fine arts or drawing is totally a new concept and looking to the fact that the Government Diploma in Arts (G.D. Arts) is accepted to be equivalent to the graduation, petitioner No. 2's claim, also should have been considered. Shri Dhorde also invited our attention to the Government resolution dated 25-11-1988 by which the Government has now included in the category "C" few of the art teachers who are holding the degree of the University including the Bachelor of Fine Arts or Government Diploma in Arts plus A.M. Certificate examination or A.M. Diploma in Arts Education and the teachers who hold the degree including the B.F.A. examination or the Government Diploma in Arts and also hold D.T.C., D.M. or A.T.D. qualifications plus 10 years experience after the last mentioned qualification. According to Shri Dhorde, this would be totally unreasonable to exclude the petitioner No. 2 and similarly situated persons from the category "C".

4. Shri Barlinge, Shri Talekar, alongwith the Government Pleader Shri Kanade opposed the submissions made by Shri Dhorde.

5. It appears that the drawing teachers were required to obtain different certificates or diploma courses and in some cases they have to wait for few years before they could be admitted to another course but that itself will not enhance the status of a course so far the equivalence is concerned. In the matters of equivalence, one will have to be guided by the decision taken by the authorities who have all the material before them to consider whether a particular examination is equivalent to the other. It appears that the State Government has accepted the Government Diploma in Arts as equivalent to the degree course but the rest of the courses have not been so accepted to be equivalent. The Art Master's course is recognised to be a training in education for art teachers and, therefore,

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