Pearl Herald Michael vs The State Of ...
2022 Latest Caselaw 6687 Bom

Judgment                             1            W.P.No.3198.2020.odt




           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     NAGPUR BENCH, NAGPUR.

                 WRIT PETITION NO. 3198 OF 2020


      Mrs. Pearl Herald Michael,
      Aged about 49 years, Occ. - Service,
      R/o Plot No. 62-63, "Yashwardhan
      Milestone" Rajaram Nagar,
      Near Raut Sabhagruh, Katol road,
      Nagpur.                                 .... PETITIONER

                            // VERSUS //

1)    The State of Maharashtra,
      through Principal Secretary,
      Department of Education,
      Mantralaya, Mumbai-32.

2)    The Deputy Director of Education,
      Nagpur.

3)    The Education Officer (Secondary),
      Nagpur.

4)   The Sikh Education Society,
     Bezonbagh, Nagpur-440004,
     through it's CEO
     and General Secretary.                .... RESPONDENTS
______________________________________________________________
Mr. Firdos Mirza, Advocate for the Petitioner.
Mr. M.J. Khan, A.G.P. for Respondent Nos.1 to 3.
Mr. N.H. Samudre, Advocate for Respondent No.4.
______________________________________________________________


                  CORAM : SUNIL B. SHUKRE AND
                          G.A. SANAP, JJ.

DATED : 14.07.2022

ORAL JUDGMENT : (Per Sunil B. Shukre, J.) Judgment 2 W.P.No.3198.2020.odt

1. Heard. Rule. Rule made returnable forthwith. Heard finally

by consent of the learned counsel appearing for the parties.

2. As per the Sub-rule (1)(b) of Rule 3 of the Maharashtra

Employees of Private Schools (Conditions of Service) Regulation Rules,

1981 (for short the "MEPS Rules"), the qualifications for being

appointed as a Headmaster or Headmistress of the secondary school

which must be possessed are as under :

(1) A bachelor's degree in teaching or education

of a statutory University or any other qualification

recognized by Government as equivalent thereto.

(2) Possessing not less than five years' total full-

time teaching experience after graduation in a

secondary school or junior college of Education.

(3) Two years experience after acquiring

bachelor's degree in teaching or education.

Sub-rule (1)(b) of Rule 3 of the MEPS Rules says so and so

also the Co-ordinate Bench of this Court in the case of Alka Rameshrao

Patil Vs. Nutan Mahila Sarvodaya Balvikas Sanstha, Pachora & Others,

2009(3) ALL MR 858.

Judgment 3 W.P.No.3198.2020.odt

3. The Petitioner was appointed as an Assistant teacher on

27.06.1994 and although she was graduate at that time, the post of

graduate teacher was not available and therefore, it is seen from the

record, the appointment letter issued to her shows that the Petitioner

had qualification as H.S.S.C., D.Ed. But, the fact remains that the

Petitioner had obtained bachelor's degree in Arts in the year 1991.

4. The Petitioner was appointed as a graduate teacher on

01.08.2008 and this appointment has been duly approved by the

Education Officer. The report of the Education Officer dated

13.08.2021 acknowledges the fact that the Petitioner had got

qualification of B.Ed. in the year 2009. So, these facts make it clear

that the Petitioner was a graduate teacher at least since 01.08.2008

and worked so till her appointment as Headmistress on a primary

school run by the same education Society with effect from 01.10.2014.

It is also not in dispute that till her appointment as Headmistress on

01.10.2014, the Petitioner had continuously worked in a high school

since the year 1994, which year has been mentioned to be that of 1993

in the report of the Education Officer dated 13.08.2021. This only

shows that the Petitioner possessed all the qualifications as mentioned

in sub-rule(1)(b) of rule 3 of the MEPS Rules and the requisite

experience. It therefore follows that approval could not have been

refused to the appointment of the Petitioner on the ground that she did Judgment 4 W.P.No.3198.2020.odt

not possess requisite experience in terms of rules 3 (1) (b) of the MEPS

Rules.

5. The impugned orders also take an exception to transferring

the Petitioner from primary school to high school on the post of

Headmistress without obtaining prior no objection from the Education

Officer. Even this objection is devoid of any substance. Firstly, it is a

fact established on record by the Petitioner that the Petitioner was not

appointed as Headmistress on transfer but was appointed to be so in a

fresh selection process as per the rules. Therefore, change of position of

the Petitioner from Headmistress of a primary school to Headmistress

of a high school cannot be considered to be on account of her transfer

from primary school to high school and it would have to be considered

as fresh appointment made after following due procedure. Secondly,

there is no requirement in the MEPS Act or MEPS Rules or any law that

for transferring a teacher from primary school to the same post in the

higher secondary school, both run by the same Management, prior no

objection should be obtained from the Education Officer. Therefore,

even the second ground of objection taken the impugned order goes.

6. In the result, we are of view that the Petitioner has

established her case to be falling squarely within the provisions of law,

in particular, the provisions made in rule 3(1)(b) of the MEPS Rules Judgment 5 W.P.No.3198.2020.odt

and as such is entitled to have the approval of the Education Officer to

her appointment as Headmistress of the higher secondary school.

7. Therefore, the impugned orders dated 21.01.2020 and

13.02.2020 are hereby quashed and set aside. The Petition is allowed

in terms of prayer clause (b), which reads thus :-

"(b) to command the respondent no.3 to grant approval to the Appointment of the petitioner as Principal/Headmistress of Guru Nanak High School and Junior College managed by the respondent no.4 since 20.08.2019 i.e. her Date of Appointment alongwith all the benefits attached with the said Post."

No costs.

                                        (G.A. SANAP, J.)              (SUNIL B. SHUKRE, J.)




                         Kirtak


Digitally Signed By:KIRTAK
BHIMRAO JANARDHAN
Signing Date:14.07.2022
17:40