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2005 Supreme(Bom) 1741

A.P.DESHPANDE, S.P.KUKDAY
SHIVAJI S/o BASUCHAVAN – Appellant
Versus
STATA OF MAHARASHTRA – Respondent


Judgment

PER KUKDAY, J.

( 1 ) RULE. Rule made returnable forthwith. Petition is taken up for final hearing with the consent of the respective Advocates, who waive service.

( 2 ) PETITIONER possesses B. A, B. P. Ed, qualifications. He came to be appointed as an Assistant Teacher by the respondent no. 5 School on 1. 7. 1994. The petitioner submitted an application dated 4. 10. 2004 seeking admission to Postal D. Ed. course. The Officers of the respondent no. 2, however, expressed their inability to consider the claim of the petitioner. The petitioner, therefore, approached this Court by filing a Petition being writ Petition No: 2898/2005. The petition was disposed of by an order dated 3. 5. 2005 directing the respondent no. 2 to consider the claim of the petitioner for admission to the said course in accordance with the government policy. By communication dated 17. 8. 2005 the petitioner was intimated that admission to postal D. Ed. course is refused on the ground that petition filed by trained graduate teachers is pending in this Court. The petitioner has impugned this communication in the present petition and seeks a direction to respondent no. 2 to admit him to Postal D. Ed. course








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