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1998 Supreme(Bom) 772

S.S.DANI, B.H.MARLAPALLE
Shailaja Ashokrao Walse – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - B.H. MARLAPALLE, J.:---Heard learned Counsel for respective parties, school managements and learned Additional Government Pleader for the State Authorities.

2. The petitioners are untrained primary teachers employed in private recognized schools which are either aided or unaided by the Government. They are challenging the instructions issued by the Government of Maharashtra vide communication dated 5th November, 1997 and 13th April, 1998 regarding the admissions to the Postal Course of Diploma in Education. By these petitions, they have prayed for a declaration that these communications are illegal, ultra vires the provisions of Article 14 of the Constitution of India and the petitioners are entitled for admission to the Postal D.Ed. Course, in pursuance of the rules framed by the State of Maharashtra and they have further prayed for a Writ of Mandamus, directing the Education Officers/Deputy Director of Education to grant approval to their service as Primary Teachers and the consequential relief of pay scales.

3. By a communication dated 5-11-1997, the State Government informed the Director of Education, Maharashtra State, that no approval should be granted to the appoi












































































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