Shri Mohandas Gopalrao Latkar And ANR v. The State Of Maharashtra Through Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BASAVRAJ GURAPPA PATIL CIVIL APPELLATE JURISDICTION BASAVRAJ GURAPPA PATIL Date: 2022.07.04 11:28:10 +0530 WRIT PETITION NO.2855 OF 2022 Mohandas Gopalrao Latkar & Anr.

..... Petitioners Vs.

State of Maharashtra & Ors.

..... Respondents Mr. N. V. Bandiwadekar I/b. Sou. Ashwini Bandiwadekar for the Petitioners Ms. S. S. Bhende, AGP for the State

CORAM:

S.V. GANGAPURWALA & S. M. MODAK, JJ.

DATED :

JUNE 30, 2022 P.C.

Heard the learned Counsel for the Petitioners and the learned AGP for the State.

The proposal seeking approval to the permanent appointment of Petitioner No.1 as a full time Instructor (Electrical Technology) has been rejected. The Petitioners have been granted approval for the probationary period. However, the same is rejected on the ground that on the date the Petitioner was appointed, he did not possess necessary qualification i.e. Certificate Course in Vocational Teacher Training.

1/3

The learned Counsel for the Petitioner submits that the order granting approval to the appointment of the Petitioner on probation clearly mentions that in case if some decision is taken of acquiring Certificate Course for Vocational Teacher Training in future, the Petitioner will have to acquire the said qualification. The Petitioner acquired the said qualification on 15th November 2019. The learned Counsel submits that the Petitioner is entitled for the permanent approval, as he possesses necessary qualification. The learned AGP submits that as on date the Petitioner was appointed, he did not possess necessary qualification. As such, rightly, the proposal for approval is rejected. The person who does not possess the required qualification, cannot be appointed. In fact, even the approval on probationary period ought not be granted. We have considered the submissions.

The order granting approval for the probationary period itself shows that the same is granted on a condition that the Petitioner will acquire the qualification of Certificate Course in Vocational Teacher Training. Said order of appointment is dated 8th November 2017. The Petitioner got the necessary qualification i.e. Certificate Course in Vocational Teacher Training on 15th November 2019. 2/3

In light of the above, we pass the following order: a.

The Jt. Director of Vocational Education and Training shall consider the qualification acquired by the Petitioner and if the Petitioner has acquired the qualification as required, shall grant him approval to the appointment since his initial date of appointment. However, the salary would be paid to him from 15th November 2019. Same shall be done preferably within three months.

b.

With these observations, the Writ Petition is disposed of. (S. M. MODAK,J.) (S.V. GANGAPURWALA, J.) 3/3