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HC protects job of teacher who sought Diploma from other state

The Bombay High Court has set aside an order of the Education Officer of Akola Zilla Parishad refusing to grant approval to appointment of a teacher on the ground that he was not qualified as per the Maharashtra Government notification.

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The aggrieved teacher, Govind Mahale, had filed a petition in the High Court seeking a declaration that the order dated October 8, 1996, passed by the Education Officer, refusing approval to his appointment was bad in law and should be struck down. He also sought consequential relief of protecting his employment. The High Court, on March 31, 1998, while issuing notice in the matter, had granted the petitioner interim relief.

Hence, the petitioner even today continues in service. Petitioner's Counsel, P B Patil, relied upon a Government Resolution of May 31, 1993, and also on a Division Bench Judgement of the High Court to prove that he was qualified for the appointment. He urged that the petitioner had joined the course for Diploma in Teaching conducted by Sagar University in Madhya Pradesh on July 16, 1991, and completed it on April 30, 1993, much prior to issuance of the said Government Resolution.

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