1 J-WP-3767-11.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 3767 OF 2011
Dinesh Madhukarrao Loute,
Aged about : 48 years, Occ. Arts
Teacher (Primary), Manikgarh
Cement Colony, Tq. Korpana,
District : Chandrapur. ..... PETITIONER
...V E R S U S...
1. The State of Maharashtra,
Department of Education,
Mantralaya, Mumbai
Through its Secretary.
2. The Deputy Director of Education,
Nagpur Division, Nagpur.
3. The Education Officer (Primary),
Zilla Parishad, Chandrapur.
4. Manikgarh Cement Education Society,
Registration No.MAH/76/1982
Gadchandur, Tq. Korpana,
District : Chandrapur,
Through its Secretary.
5. Headmaster,
Manikgarh Cement English School,
Gadchandur, District : Chandrapur.
6. Central Board of Secondary Education
Through its Secretary, New No.3
(Old No.1630-A), 'J' Block, 16th Main Road,
Anna Nagar (West),
Chennai - 600 040. ... RESPONDENTS
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Mrs. R. S. Sirpurkar, Advocate for the petitioner.
Mr. H. R. Dhumale, AGP for the respondent Nos.1 and 2.
Mr. Vaidya, Adv. h/f Mr. Anand Parchure, Advocate for the respondent Nos. 4
and 5.
Mr. P. S. Chavan, Advocate for the respondent No.6.
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CORAM:-
SMT. VASANTI A NAIK &
ARUN D. UPADHYE, JJ.
DATED :-
12/06/2017.
ORAL JUDGMENT : (Per Smt. Vasanti A Naik, J.) By this writ petition, the petitioner seeks a direction against the respondent Nos.4 and 5 to upgrade his pay scale from the year 2008 as the petitioner has secured the Arts Master's Certificate in the year 2008.
Few facts giving rise to the petition are stated thus :- The petitioner is serving as a Drawing Teacher in the Primary School run by the respondent No.4 - Education Society. Initially, the petitioner had possessed the Art Teachers Diploma but the petitioner acquired the Arts Master's Certificate in the year 2008. According to the petitioner, on securing the Arts Master's Certificate, the petitioner became eligible for upgradation of his pay scale. Though the petitioner made several representations to the respondent Nos.4 and 5 seeking upgradation of his pay scale after securing the Arts Master's Certificate, the respondent Nos.4 and 5 refused to do so. The petitioner has therefore filed the instant petition seeking the aforesaid relief. ::: Uploaded on - 15/06/2017 ::: Downloaded on - 17/06/2017 00:34:39 :::
3 J-WP-3767-11.odt Mrs. Sirpurkar, the learned counsel for the petitioner submitted that the respondent Nos.4 and 5 have committed an error in rejecting the representations made by the petitioner. It is stated that as per Clauses 3 and 4 of the order of the Central Board of Secondary Education granting affiliation to the respondent No.4 to start a school with the CBSE Course, the service conditions, pay allowances and other benefits of the employees of the school should be at least at par with that of the corresponding category of the employees working in government schools of the State in which the school is located. It is submitted that as per the provisions of Schedule B and C of the Maharashtra Employees of Private Schools (Conditions of Service) Rules of 1981, a Drawing Teacher of a Primary School that possesses the Arts Master's Certificate would be entitled to a higher pay scale than the Drawing Teacher who does not possess the said certificate. It is submitted that in view of the Clause 4 in the order granting affiliation dated 17/10/2008, the petitioner would be entitled to a higher pay scale in accordance with the provisions of Schedule B and C of the Rules of 1981 as the petitioner has secured the Arts Master's Certificate in the year 2008. It is submitted that the action on the part of the respondent Nos.4 and 5 in refusing to grant higher pay scale to the petitioner is bad in law. The learned counsel relied on the Judgment, reported in 2000 (4) Mh.L.J. 129 to substantiate her submission.
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4 J-WP-3767-11.odt Shri Chavan, the learned counsel for the CBSE and Shri Dhumale, the learned Assistant Government Pleader for the respondent Nos.1 and 2 had nothing to say in the matter. It is stated that the respondent Nos.4 and 5 have denied the claim of the petitioner and the dispute pertains to the petitioner and the respondent Nos.4 and 5. The learned counsel for the CBSE states that the provisions of the Affiliation Bye-laws of the Board would be applicable, as far as the qualifications of the teachers are concerned. It is however stated that there is nothing in the affiliation by-laws to show that on securing an Art Master's Certificate, a Drawing Teacher would be entitled to higher pay scale.
Shri Vaidya, the learned counsel for the respondent Nos.4 and 5 has supported the action of the respondents. It is submitted that the Affiliation Bye-laws prescribe the qualifications for appointment of teachers for vocational subjects including the Drawing Teacher. It is submitted that there is nothing in the Bye-laws or in the order granting affiliation dated 17/10/2008 that provides for higher pay scale for the teachers who possess an Arts Master's Certificate. It is submitted that the provisions of Schedule B and C of the Rules of 1981 would not be applicable to the case of the petitioner.
On hearing the learned counsel for the parties and on a perusal of the documents annexed to the writ petition and the affidavit ::: Uploaded on - 15/06/2017 ::: Downloaded on - 17/06/2017 00:34:39 ::: 5 J-WP-3767-11.odt in reply filed on behalf of the respondent Nos.4 and 5, it appears that the petitioner has not pointed out any right in him to seek the upgradation of his pay scale on securing the Arts Master's Certificate. Schedule B to the Rules of 1981 prescribes the qualifications for appointment of teachers in the private schools in the State. Schedule C provides for the pay scales that would be applicable to the teachers appointed for the various subjects in the private schools in the State. The schools under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the Rules framed thereunder would be governed by the Divisional Board established under the Maharashtra Secondary and Higher Secondary Education Board Act, 1965. The petitioner is not a Drawing Teacher working in a private school i.e. governed by the Divisional Board established under the Act of 1965. The petitioner is an employee in the school that is affiliated to the Central Board of Secondary Education. The school Affiliated to the Central Board of Secondary Education is liable to appoint qualified and trained teaching staff on regular basis, as per the Affiliation Bye-laws of the Board. We have perused the Affiliation Bye- laws of the Board. The qualifications for appointment of trained teaching staff in the school affiliated to CBSE are not similar to the qualifications that are required to be possessed by the teachers that are governed by the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the Rules ::: Uploaded on - 15/06/2017 ::: Downloaded on - 17/06/2017 00:34:39 ::: 6 J-WP-3767-11.odt framed thereunder. All that Clause 4 of the order of Affiliation dated 17/10/2008 provides is that the pay, allowances and other benefits of the teachers affiliated to the Central Board of Secondary Education should be at least at par with the teachers working in Government schools of the State in which the school is located. The provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the Rules framed thereunder are applicable to the private schools that are recognized schools, established or administered by a Management, other than the Government or a local authority. Clause 4 of the Affiliation order on which great reliance has been placed by the learned counsel for the petitioner speaks of parity of pay and allowances between the employees of the schools affiliated to the Central Board of Secondary Education and the employees working in Government schools of the State. If that is so, the petitioner cannot rely on Schedule C and D of the Rules of 1981 to seek upgradation of his pay scale on securing the Art Master's Certificate. We do not find any right whatsoever in the petition to claim the upgradation of the pay scale. The respondent Nos. 4 and 5 did not commit any error in rejecting the claim of the petitioner for the upgradation of the pay scale. The Judgments, reported in 2000 (4) Mh. L. J. 129 and 2008 (4) All MR 566 and relied on by the learned counsel for the petitioner are not applicable to the case in hand.
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7 J-WP-3767-11.odt Since there is no merit in the writ petition, the same is dismissed with no order as to costs.
JUDGE JUDGE
Choulwar
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