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5) It is not disputed that the rules which were used for Ashram Schools at the time of the appointment of the petitioner were given in Maharashtra Employees of Private Schools (Conditions of Service) Rules 1981 and there was no separate Code as such for Ashram Schools. Such Code came in force subsequently. There were previous Government Resolutions of State Government due to which some posts of teachers from primary schools 8 WP 7155 of 2004 were upgraded to enable the teachers having B.A./B.Sc. and B.Ed. to get scale of trained graduate teacher. Such Government Resolutions like Government Resolutions dated 14-11-1979 and 26-10-1982 and the aforesaid peculiar circumstances of the present matter cannot be ignored while deciding the present matter.

9) The present matter is contested by respondent Nos.1 to 4 on the basis of decision of the Full Bench of this Court in Jayashree Chavan's case (cited supra), the Government Resolutions under challenge and rules made in Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. The learned Assistant Government Pleader, however, ultimately submitted that there is now separate Code for Ashram Schools and in view of those rules also D.Ed. is the requisite qualification for getting appointment in private Ashram School and as D.Ed. is the necessary qualification, the petitioner's appointment cannot be approved as a trained teacher. These contentions are already dealt with. No other ground 12 WP 7155 of 2004 is raised by these respondents.