JUDGMENT - G.D. PATIL, J.:---All these petitions were heard at the stage of motion hearing and making rule returnable forthwith with consent of learned Counsel appearing for the petitioners and learned Counsel appearing for the State and its authorities so also the other learned Counsel appearing for other some of the respondents though some of them were only nominal parties and, therefore, no service was found to be necessary on some of them. Further since the common question involved in all these petitions is the effect of the de-recognition of the Two Year Diploma in teaching Course (Dip. T) of the erstwhile Sagar University and now as Dr. Harisingh Gaur Vishwa Vidyalaya, Sagar and Devi Ahilya Vishwa Vidyalaya, Indore, they were heard together and are being disposed of by this common judgment.

2.In Writ Petition Nos. 2771/97, 2772/97, 2773/97, 2774/97 and 2775/97 each of the petitioners therein have obtained Dip. T. Two Years Course of Dr. Harisingh Gaur Vishwa Vidyalaya, Sagar. Each of them joined and completed the said course respectively on (1) 17-7-1992 and 30-4-1994, (2) 1-8-1991 and 30-4-1993 (3) 19-7-1992 and 30-4-1994, (4) 13-8-1991 and 30-4-1993 and (5) 1-8-1991 and 30-4-1993. Thus all these 5 petitioners had joined the course prior to 31-5-1993 on which date the Government Resolution in this respect, to which we will refer at a latter stage, came to be issued by the State of Maharashtra. All these petitioners further were appointed by order dated 15-11-1996 issued separately in relation to each of them on the post of Primary Teacher by the Chief Executive Officer of the Zilla Parishad, Buldana, since they were found as having been selected by the District Selection Committee, Buldana. The appointments were, however, made subject to certain conditions. One of the conditions was that the appointment was subject to the interim orders of this Court in Writ Petition No. 5749 with other petitions, delivered on 24-7-1996, (correct date appears to be 27-7-1966) since, the order further says, Diploma in Education (D.Ed.) and that they were appointed in the pay scale of untrained primary teachers and were required to successfully pass the examination of Diploma in Education within five years from the date of appointment and consent letter from each of them was also got executed by the Chief Executive Officer indicating their consent for having been appointed on certain conditions including those referred to hereinabove. The petitioners, after joining the post of Primary Teachers under these orders, however, made representations to the Chief Executive Officer, Akola for deletion of these conditions and prayed for issuing order of appointment as trained teachers, inviting attention to certain orders passed by the Courts and Government excluding some Government Resolutions. Since nothing immediately was done, the petitioners approached this Court in the year 1997 by filing these petitions. They prayed for a declaration of the condition Nos. 7, 8 and 9 incorporated in the consent/guarantee letter, one of which is at Annexure-D in Writ Petition No. 2771 of 1997, being arbitrary and illegal as they treat the petitioners as untrained teachers, though they are trained teachers, each of them having Dip. T. and further are entitled to benefits admissible to the trained teachers. They seek further direction regarding difference of arrears of salary payable to them as admissible from the date of joining the duties as per rules and for enlistment in the seniority list accordingly, of primary teachers by inserting their names at appropriate places.

3.The petitioner in Writ Petition No. 3822 of 1997 has similarly obtained Diploma in Teaching of Dr. Harisingh Gaur Vishwa Vidyalaya, Sagar, by joining the diploma course on 18-7-1992 i.e. prior to 31-5-1993 and completed the same on 30-4-1993. The petitioner was appointed as Assistant Teacher in respondent No. 2 School with effect from 1-9-1997 and a proposal was forwarded for approval to the r

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