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2002 Supreme(Bom) 983

B.H.MARLAPALLE, D.G.KARNIK
Kondiba Dattarao Mirashe – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - KARNIK D.G., J.:---The Nanded Municipal Council, which has been converted into Municipal Corporation with effect from 25th March, 1997, runs several schools within the city of Nanded. The Divisional Revenue Commissioner and the Regional Director of Municipal Administration, Aurangabad, under which fell the Municipal Council, Nanded, was pleased to accord sanction for creation of 3 posts of Head Masters alongwith certain other posts of Assistant Teachers, Peons, Chowkidars, etc. in the primary schools run by the Municipal Council, Nanded, vide letter dated 16th June, 1984. The qualifications required for the post of Head Master of the school as laid down in the said letter was B.A.B.Ed. The petitioner who possessed the required qualification of B.A.B.Ed. was selected and appointed as Head Master of Sangamwadi Primary School run by the respondent No. 4 on 18th June, 1984. The Deputy Director of Education, who is the respondent No. 2 herein, on 6th February, 1991 granted approval to the appointment of the petitioner, but as an untrained teacher, from the date of his appointment and the petitioner was directed to pass the D.Ed. course within a period of five years. The Educa















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