Bombay High Court
Dinesh Madhukarrao Loute vs The State Of Mah. Thr. Its Secty., ... on 12 June, 2017
Bench: V.A. Naik
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.
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.
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
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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
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.
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
