Peoples Education Society ... vs The State Of Maharashtra And ...
2021 Latest Caselaw 14586 Bom

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                                  (1)

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

                    933 WRIT PETITION NO.309 OF 2018

   PEOPLES EDUCATION SOCIETY MANDANE THROUGH
           ITS CHAIRMAN J T PAWAR AND ANOTHER
                            VERSUS
         THE STATE OF MAHARASHTRA AND OTHERS
                                 ...
 Mr V. D. Sapkal, Senior Advocate i/b Mr S. R. Sapkal, Advocate
 for petitioners;
 Mr S. B. Yawalkar, A.G.P. for respondents/State

                               CORAM : RAVINDRA V. GHUGE
                                             AND
                                       S. G. MEHARE, JJ.

DATE : 6th October, 2021

PER COURT:

1. The petitioner has challenged the Government Resolution

dated 13/03/2018.

2. We find from the Proviso below Section 5(1) of the

Maharashtra Employees of Private Schools (Conditions of

Services) Regulation Act, 1977 (for short 'the MEPS Act'), that

unless a vacancy is to be filled in by promotion, the Management

shall, before proceeding to fill such vacancy, ascertain from the

Education Inspector, Greater Bombay, the Education Officer, Zilla

Parishad or, as the case may be, the Director or the officer

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designated by the Director in respect of schools imparting

technical, vocational, art or special education as to whether there

is any suitable person available on the list of surplus persons

maintained by him, for absorption in other schools; and in the

event of such person being available, the Management shall

appoint that person in such vacancy.

3. The learned Senior Advocate makes a grievance that when

Public Interest Litigation No.197/2013 was heard by this Court at

the Principal Seat, an order was passed on 22/01/2014, thereby

directing under paragraph No.6 as follows :

"6. Accordingly this PIL is disposed of in terms of the following directions :-

(a) The State government shall issue necessary instructions to commence the recruitment process for filling in vacant posts of teachers in Secondary schools, Higher Secondary schools and Junior colleges in the State of Maharashtra, after taking into consideration vacancies likely to arise in the years 2014 and 2015 on account of retirement on superannuation;

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(b) The advertisement for the above purpose shall be published by 31 May 2014 and the recruitment shall be made by 31 May 2015;

(c) The State Government shall issue appropriate instructions and guidelines for making timely recruitment of teachers in Secondary schools, Higher Secondary schools and Junior colleges in the State of Maharashtra by directing that the exercise for this purpose shall be undertaken every year."

4. The grievance is that, if there are surplus teachers, why this

fact was not brought to the notice of this Court when it passed this

order on 22/01/2014. He has based his grievance in the light of

the usual stand taken by the Education Officer, while refusing to

approve the appointment of the teachers that, "there are surplus

teachers and therefore, approval is refused."

5. The learned Senior Advocate, therefore, submits that the

time has come to pass such orders, directing to place before the

Court a complete data of surplus teachers under every Zilla

Parishad, and at the same time, upload the said information on the

appropriate website of the Government as well as websites of the

Zilla Parishads, so that, any Management seeking to recruit fresh

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hands, would follow the procedure under the Proviso to Section

5(1) of the MEPS Act and shall consider the list of eligible surplus

teachers while doing so.

6. In view of the above, we direct respondent No.1 as under :

(a) A list of surplus teachers, subject-wise, Zilla Parishad

wise, shall be prepared for the entire State of Maharashtra as

on 30/09/2021;

(b) Such list shall be produced before this Court on

28/10/2021;

(c) After the list is produced before this Court, we would

direct the said authorities to upload the said list on their

official websites as well as the websites of the Education

Department of every Zilla Parishad in the State of

Maharashtra.

7. Needless to state, we would consider the said list and

thereafter, issue appropriate directions in the light of the Proviso

to Section 5(1) and in view of the judgment delivered by the

Single Judge Bench of this Court, in the matter of Vasant

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Shikshan Prasarak Mandal Vs. The State of Maharashtra and

others, 2017 (2) BCR 783.

8. List this petition on 29/10/2021, in the urgent category.

(S. G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)

sjk