JUDGMENT - VIJAY DAGA, J.:---A Division Bench at Mumbai having differed with the view expressed by similar Benches at Nagpur and other at Aurangabad, the Hon'ble the Chief Justice has, in the circumstances, constituted the present Full Bench to resolve the difference.

BACKGROUND FOR REFERENCE

2.An occasion arose for the Division Bench presided over by Mr. Justice Ashok Agarwal and Mrs. Justice Ranjana Desai to make this reference as the services of one Shri Rajendra Raut having B.Ed. qualification were terminated on the ground that he did not hold requisite qualification namely; D.Ed. for teaching in primary school. He was sought to be replaced by a person holding requisite qualification i.e. D.Ed. He had thus invoked writ jurisdiction of this Court by way of Writ Petition No. 2103 of 1998 to challenge the said action. While hearing the said petition for interim reliefs, relevant question raised for consideration was as to whether the qualification of B.Ed. can be said to be requisite qualification for teaching the students of primary schools. The Division Bench found that the said question was the subject matter of consideration in several judgments rendered by different Benches of

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