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2003 DIGILAW 795 (BOM)

Vidarbha Madhyamik Shikshak Sangh v. State of Maharashtra & others

2003-08-01

A.P.DESHPANDE, R.J.KOCHAR

body2003
JUDGMENT - DESHPANDE A.P., J.:---Heard Shri Jibhkate, the learned Counsel for the petitioner, and Shri Mujumdar, learned A.G.P. for the respondent Nos. 1 to 3. 2. Rule. By consent Rule is made returnable forthwith. 3. The petitioner is a society registered under the Maharashtra Societies Act, as well as Bombay Public Trusts Act. It is stated in the petition that the petitioner has been brought into existence for welfare of the teachers and to voice collectively, the legitimate grievance of its members. 4. By the present petition, a Circular issued by the Government dated 10th October, 2002, which takes a decision not to treat such of the teachers, who have obtained Postal B.Ed. degrees from Universities outside the State of Maharashtra after 22nd November, 1989 as trained teachers is challenged. It is not in dispute that prior to reaching of the decision contained in Circular dated 10th October, 2002 derecognizing the Postal B.Ed. degrees from the Universities outside the State of Maharashtra, such postal degrees were recognized in State of Maharashtra. It appears that on 21st December, 1987, the Educational Research and Training Council had commended that as the facility of postal B.Ed. is available in the State of Maharashtra, the degrees conferred by the Universities outside the State of Maharashtra should not be recognized as equivalent to the postal B.Ed. degrees of the Universities from the State. The main thrust of challenge is to the effect that as the Postal B.Ed. degrees were recognized by the State of Maharashtra till it took a decision on 10th October, 2002, the derecognizing and/or decision not to treat the same as equivalent to the B.Ed. degrees, cannot be made retrospectively operational which, in fact, has been made with effect from 22nd November, 1989. It is obvious that on the representation made by the State Government earlier, recognizing the postal B.Ed. degrees from Universities outside the State of Maharashtra various students, who had completed the postal B.Ed. Course and obtained degrees from the Universities outside the State of Maharashtra, would suffer irreparable loss and as such the decision to withdraw the equivalence and recognization has to be prospective, and cannot be made retrospective. Teachers who have obtained appointments on the basis of postal B.Ed. degrees issued by Universities outside Maharashtra in between 22-11-1989 to 10-10-2002 would loose their jobs as they will be treated as untrained. 5. Teachers who have obtained appointments on the basis of postal B.Ed. degrees issued by Universities outside Maharashtra in between 22-11-1989 to 10-10-2002 would loose their jobs as they will be treated as untrained. 5. The question as to whether withdrawal of recognization/equivalence in regard to a degree or diploma retrospectively, is permissible or not is no longer res integra and is concluded by the judgment of the Division Bench of this Court reported in 2001(Supp.) Bom.C.R. (N.B.)386 (Narendra Sakharam Jadhav v. State of Maharashtra and others)1. In the said case, similar question fell for consideration of the Division Bench. The Government had granted recognization and equivalence to the degrees and diplomas issued by Dr. Harising Gour Visshawavidyalaya, Sagar, and the State Governments recognition and equivalence was sought to be withdrawn by the Government Resolution dated 31st May, 1993. The decision was also sought to be given retrospective effect, which action was struck down by the Division Bench of this Court holding that the Resolution dated 31st May, 1993 cannot be made applicable retrospectively, and it can be made applicable only prospectively. The said decision was rendered by placing reliance on the judgment of Supreme Court reported in A.I.R. 1987 S.C. 2027, (Suresh Pal v. State of Haryana)2. 6. The learned A.G.P. appearing for the State could not justify the decision contained in the circular dated 10th October, 2002 to retrospectively derecognize the Postal B.Ed. degrees issued by the Universities out side the State of Maharashtra, as he is faced with a concluded situation in view of the Division Bench judgment referred to hereinabove. We are in complete agreement with the view taken by the Division Bench. In view of decision referred to hereinabove, we are the clear view of that the point is concluded and as such we allow the petition and pass the following order: Order We declare that the Government decision of withdrawing recognition to the Postal B.Ed. degrees issued by the Universities outside the State of Maharashtra contained in Circular dated 10th October, 2002 shall not have any retrospective effect and will have prospective effect as and from 10th October, 2002 onwards. It is made clear that all the Postal B.Ed. degrees obtained by the students from the Universities outside the State of Maharashtra will be treated as degrees validity obtained and to be treated as equivalent with the postal B.Ed. degrees in the State of Maharashtra. It is made clear that all the Postal B.Ed. degrees obtained by the students from the Universities outside the State of Maharashtra will be treated as degrees validity obtained and to be treated as equivalent with the postal B.Ed. degrees in the State of Maharashtra. Petition is partly allowed. Rule is made absolute in the above terms. There shall be no order as the costs. Petition partly allowed. -----