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The Maharashtra Rajya Padvidhar Prathamik Shikshan Va Kendra Pramukh Sabha And ORS v. The State Of Maharashtra Thr. The Secretary Department Of School Education And Sports And ORS

2024-07-01Hon'Ble Shri Justice Shree Chandrashekhar , Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

Digitally signed by ANANT KRISHNA NAIK Date:

2024.07.04 14:44:48 +0530 ANANT KRISHNA NAIK 10.WP.8648.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8648 OF 2024 The Maharashtra Rajya Padvidhar Prathamik Shikshan Va Kendra Pramukh Sabha And Ors

...Petitioners

Versus

The State Of Maharashtra And Ors

...Respondents

Mr Suresh Pakale a/w. Mr. Nilesh Desai i/b. Mr. Padmaja Malgaonkar for the Petitioners.

Mr. V. M. Mali, AGP for the Respondent Nos. 1, 3 and 4 CORAM : NITIN JAMDAR & M. M. SATHAYE, JJ.

DATED : 1 JULY 2024 P.C.:

1.

The Petitioner No. 1-Association has filed the Petition on behalf of the 8 employees working in the school of Solapur, Zilla Parishad. The Petitioners assert that the Petitioners possess graduate qualification alongwith D.Ed. Qualification. The Petitioners are appointed to teach different subjects.

2.

The policy decision is taken by the State Government whereby those who have completed 12th standard would be eligible to be appointed in upper primary school. Pursuant to the policy decision, circulars are issued by the Education Officer (Primary) to the Block akn 1/2

10.WP.8648.2024.doc Education Officer on 1 July 2022 and 28 July 2022. Pursuant to these circulars, the Petitioners apprehend that their status as graduate teachers might be withdrawn and the Petitioners would be downgraded. The Petitioners have relied on the orders passed by this Court, which are annexed to this Petition.

3.

Issue notice to the Respondents, returnable on 8 August 2024. Learned AGP waives service for the Respondent Nos. 3 & 4. 4.

In addition, the Petitioners are permitted to serve private notice through Registered Post A.D./Speed Post/Email and file affidavit of service before the returnable date.

5.

Till the next date, if the Respondents are proceeding to issue orders to the Petitioners as above, they would first take leave from this Court. (M. M. SATHAYE, J.) (NITIN JAMDAR, J.) akn 2/2