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Bombay High CourtRA/77/2013rejected at admission stage

Indrajeet Sitaram Baikare v. The State Of Mah And ORS

2015-07-10Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice P.R. Bora2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD REVIEW APPLICATION NO. 77 OF 2013 IN WRIT PETITION NO. 4809 OF 2011 WITH CIVIL APPLICATION ST.31921/2012 INDRAJEET SITARAM BAIKARE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. Kolhare S.R.

Mr. BD Gunale, adv. For Resp.No.3;

Mr. S.N.. Boiwar, Adv. For R/4 ...

CORAM : R. M. BORDE & P.R. BORA, JJ.

Dated: July 10, 2015 ...

PER COURT :- 1) Heard. The review petitioner is objecting to order dated 3rd August, 2012 passed by this Court dismissing the writ petition.

2) The petitioner was employed as a primary teacher with Respondent/institution. He secured the employment on the basis of SSC with Basic Teachers Training Certificate, issued by Bhartiya Shiksha Parishad, Uttar Pradesh. Noticing that the educational qualifications acquired by the petitioner are not recognized qualifications, he was terminated from service. It is not a matter of dispute that the name of the institution i.e. Bhartiya Shiksha Parishad, Uttar Pradesh, which has conferred the Diploma in favour of the petitioner, is (2) bdv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD not enlisted in the Government Resolution and is not a recognized training qualification prescribed in the State of Maharashtra. The petitioner states that he has acquired Shiksha Visharad qualification, which according to him, is equivalent to D.Ed. qualification recognized in the State of Maharashtra. Since the petitioner was appointed on the basis of unrecognized qualifications, the employer was justified in terminating the services of the petitioner. We do not find any error apparent on the face of record, compelling us to review the order dated 3rd October 2012. As such, the Review Application is devoid of substance and the same stands rejected.

( P.R. BORA, J. ) ( R. M. BORDE, J. ) ...

bdv