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Bombay High CourtWP/8646/2022disposed off

Jameel Ahmed Aziz Ahmed Pathan v. The State Of Maharashtra Through Its Additional Chief Secretary And Others

2023-03-02Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.8646 OF 2022 JAMEEL AHMED AZIZ AHMED PATHAN

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS ADDITIONAL CHIEF SECRETARY AND OTHERS ...

Advocate for the Petitioner : Shri Salgare Vitthal G. AGP for Respondents 1 to 5/State : Shri V.M. Kagne ...

CORAM : RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.

DATE :- 02nd March, 2023 Per Court :- 1.

The petitioner has put forth prayer clause B as under:- "B) By writ order or directions the respondent No.1, may kindly be directed to take decision in respect of the recommendations of the respondent No.5 given on the basis of expert opinion of the respondent No.4 and to issue Govt. Resolution/ Circular declaring the Art Teacher's Diploma (ATD) of two years duration equivalent to D.Ed./ D.EL.Ed. of two years duration course and to grant the pay scale of trained primary teacher to the petitioner and similarly situated primary teachers holding the qualification of Art Teacher Diploma (ATD) on par with holders of D.Ed./ D.EL.Ed. Primary Teachers in the interest of justice."

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Respondent No.4 has made some recommendations to respondent No.5 vide the communication dated 21.12.2017. Thereafter, respondent No.5 has addressed respondent No.1 on 21.06.2018 for raising an issue as to whether, the Arts Teacher Diploma (ATD) could be granted equivalence of D.Ed. or D.EL.Ed.. No decision has yet been taken though the said communication is dated 21.12.2017.

3.

In view of the above, this Writ Petition is disposed off.

4.

We expect respondent No.1 to consider the said issue by following the due procedure laid down in law and arrive at a decision, on or before 31.07.2023.

kps (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.)