Namdeo Sukdeo Saptale v. The Chairman, Kai Ramchandra Patil Shikshan Sanstha, Kunikonur And ORS

caw­2042­15­(6)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2042 OF 2015 IN WRIT PETITION NO.10070 OF 2011 Namdeo Sukdeo Saptale ..Applicant Vs.

The Chairman Rai Ramchandra Patil Shikshan Sanstha Kunikonur & Ors.

..Respondents Mr. A. J. Kandarkar for the Applicant Mrs. V. S. Nimbalkar AGP for the Respondent Nos.3 and 4 CORAM :

R. M. SAVANT, J.

DATE :

31st July, 2015 P.C.

The above Civil Application has been filed for seeking expeditious hearing of the above Petition. The Petition is of the year 2011 and the Petitioner's services were terminated as he did not possess D.Ed qualification whereas the Petitioner possess B.Ed qualification. The Learned Counsel for the Applicant states that the issue is no more res integra and is covered by the Judgment of the Apex Court in the matter of State of Maharashtra & Ors. Vs. Tukaram Trymbak Chaudhari & Ors.1 as also the Division Bench Judgment of this Court sitting at Aurangabad dated 12­3­2008 in Writ Petition No.6437 of 2007.

In my view, having regard to the nature of controversy involved, it 2007 AIR SCW 1321 mmj

caw­2042­15­(6) would be just and proper to allow the Civil Application. The Civil Application is accordingly allowed. List the Petition for final hearing to be shown at the bottom of the supplementary board on 13­8­2015. The Civil Application is accordingly disposed of.

[R.M.SAVANT, J] mmj