Bombay High CourtWP/6242/2017rejected at admission stage

Rajendra S/O Bhuraji Masram v. State Of Maharashtra Thr. Secretary, Department Of Education, Mumbai And Others

2017-09-25Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Arun Digambarrao Upadhye1 pages

25.9WP.6242.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 6242 OF 2017.

(Rajendra s/o Bhuraji Masram .vs. State of Maharashtra & others) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. P.A. Gode, Advocate for petitioner, Mr. A.S. Fulzele, A.G.P. for respondent nos. 1 & 2. CORAM : B.P. DHARMADHIKARI & ARUN D. UPADHYE, JJ. DATED : SEPTEMBER 25, 2017.

Judgment of Hon'ble Apex Court in the case of Viman Vaman Awale .vs. Gangadhar Makhriya Charitable Trust & others (Civil Appeal No. 7699 of 2014 arising out of S.L.P. (Civil) No. 29696/13) decided on 31.8.2014 has obviously no application because here seniority list to be prepared is of teachers falling in Category 'C'. Teacher cannot enter Category 'C' unless and until he is graduate and holds training qualification. Contention that, therefore, date of acquiring B.Ed. Degree cannot be relevant for deciding seniority is erroneous. No case is made out. Petition is rejected.

Judge Judge J.