Case Note & Summary
The petitioner, Prashant Premchand Chanekar, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a declaration that he be treated as a trained primary teacher and be granted approval as such with all consequential benefits. The petitioner had passed H.S.C. in 1994, joined a Diploma in Teaching course at Sagar University on 2.9.1994, and completed it by 30.4.1996. He was appointed as a Trained Primary Teacher on probation on 5.7.1999 by respondent no.2 trust. However, on 29.2.2000, the Education Officer (Primary) granted approval only as an untrained teacher. The petitioner contended that he was entitled to be treated as a trained teacher based on the Diploma in Teaching, relying on a previous judgment in Writ Petition No. 3325 of 2002 (Anil Deshmukh vs. State of Maharashtra). The court heard the parties and noted that the facts were undisputed. The court held that the Diploma in Teaching from Sagar University is valid and equivalent to D.Ed., following the earlier judgment. The court allowed the petition, quashed the approval dated 29.2.2000 to the extent it treated the petitioner as untrained, and directed respondents to treat him as a trained teacher and grant all consequential benefits. The court also made the interim relief absolute.
Headnote
A) Education Law - Recognition of Diploma - Equivalence of Qualifications - Diploma in Teaching from Sagar University - The petitioner, a primary teacher, sought declaration that he be treated as a trained teacher based on a Diploma in Teaching from Sagar University. The court held that the Diploma in Teaching is valid and equivalent to D.Ed., relying on earlier judgment in Anil Deshmukh vs. State of Maharashtra. The court directed respondents to treat petitioner as trained teacher and grant consequential benefits. (Paras 4-6)
Issue of Consideration
Whether the Diploma in Teaching obtained by the petitioner from Sagar University is valid and equivalent to D.Ed., entitling him to be treated as a trained primary teacher and to get approval as such.
Final Decision
The petition is allowed. The impugned order dated 29.2.2000 granting approval to the petitioner as untrained teacher is quashed to that extent. Respondents are directed to treat the petitioner as a trained teacher and grant him all consequential benefits. Rule is made absolute in those terms.
Law Points
- Equivalence of educational qualifications
- Recognition of diplomas from other universities
- Right to be treated as trained teacher
- Articles 226 and 227 of Constitution of India
Case Details
2005 LawText (BOM) (12) 100
Writ Petition No. 5747 of 2005
Shri P.B. Patil for petitioner, Shri N.H. Khubalkar (A.G.P.) for respondent no.1, Shri D.G. Patil for respondent no.2
Prashant s/o. Premchand Chanekar
1. The State of Maharashtra, 2. Shri Mahavir Brahmacharya Aashram Trust, Karanja (Lad), 3. Education Officer (Primary), Zilla Parishad, Washim
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India seeking declaration as trained teacher and consequential benefits.
Remedy Sought
Petitioner sought declaration that he be treated as a trained primary teacher and be granted approval as such with all consequential benefits, and interim direction to respondent no.3 not to cancel approval already granted.
Filing Reason
Petitioner's appointment as trained teacher was approved as untrained teacher by respondent no.3 on 29.2.2000, despite having a Diploma in Teaching from Sagar University.
Previous Decisions
This Court granted interim relief on 2nd November, 2005 in terms of prayer clause (2).
Issues
Whether the Diploma in Teaching obtained by the petitioner from Sagar University is valid and equivalent to D.Ed., entitling him to be treated as a trained primary teacher?
Submissions/Arguments
Petitioner argued that he is entitled to be treated as a trained teacher in view of the judgment in Writ Petition No. 3325 of 2002 (Anil Deshmukh vs. State of Maharashtra).
Respondents did not dispute the facts but opposed the petition.
Ratio Decidendi
The Diploma in Teaching obtained from Sagar University is valid and equivalent to D.Ed., and the petitioner is entitled to be treated as a trained teacher based on the earlier judgment in Anil Deshmukh vs. State of Maharashtra.
Judgment Excerpts
By this petition under Articles 226 and 227 of the Constitution of India, the petitioner seeks declaration that the he be declared as a trained primary teacher and that he is entitled for getting approval as a trained teacher with all consequential benefits.
The facts which are not in dispute and which also lie in narrow compass are that the petitioner after having passed H.S.C. Examination from Amravati Board in the year 1994, joined on 2.9.2994, the Diploma in Teaching Course of Sagar University and completed the same by 30.4.1996.
In view of the judgment of this Court in Writ Petition No. 3325 of 2002, Anil Deshmukh vs. State of Maharashtra, the petitioner is entitled to be treated as a trained teacher.
Procedural History
Petitioner filed Writ Petition No. 5747 of 2005 in the High Court of Bombay, Nagpur Bench. On 2nd November, 2005, the court issued notice and granted interim relief. The petition was heard finally on 1st December, 2005 and allowed.
Acts & Sections
- Constitution of India: Articles 226, 227
