Bombay High Court
The Jalgaon Education Society, Jalgaon ... vs The State Of Maharashtra, Thr. ... on 3 September, 2024
Author: Nitin W. Sambre
Bench: Nitin W. Sambre
2024:BHC-NAG:9873-DB
-- 1 -- Judgment WP 3475.2024 + 1.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 3475 OF 2024
1. The Jalgaon Education Society
Jalgaon Jamod, District Buldhana
Regd.No.F-50, Buldhana 08/02/63,
Through its Secretary,
Tq.Jalgaon Jamod, District-Buldhana
2. The New Era High School,
Jalgaon Jamod, Tq. Jalgaon Jamod,
District Buldhana, through its Head .. Petitioners
Master
3. Ku. Jayashri Janardan Wanare,
Aged about 29 years,
Occu : Service as Asst. Teacher,
C/o. The New Era High School,
Jalgaon Jamod, Tq.Jalgaon Jamod,
Distt.Buldhana
Versus
1. The State of Maharashtra, through
its Secretary, Ministry of Education
and Sports Department, Mantralaya,
Mumbai--32. .. Respondents
2. The Education Officer (Secondary)
Zilla Parishad, Buldhana,
District - Buldhana
WRIT PETITION NO. 3629 OF 2024
1. The Jalgaon Education Society
Jalgaon Jamod, Distt. Buldhana
Regd.No.F-50, Buldhana 8/2/63,
Through its Secretary,
Tq.Jalgaon Jamod, District-Buldhana
PAGE 1 OF 8
-- 2 -- Judgment WP 3475.2024 + 1.odt
2. The New Era High School, Jalgaon
Jamod, Tq. Jalgaon Jamod, District
Buldhana, through its Head Master
3. Lalsing S/o Jamsing Ningwal .. Petitioners
age about 41 years, Occu : Service
as Asst.Teacher, C/o. The New Era
High School, Jalgaon Jamod,
Tq.Jalgaon Jamod, District-Buldhana
Versus
1. The State of Maharashtra, through
its Secretary, Ministry of Education
and Sports Department, Mantralaya,
Mumbai--32. .. Respondents
2. The Education Officer (Secondary)
Zilla Parishad, Buldhana,
District-Buldhana
---------------------------------------------------------------------------
Mr. Ram Karode, Advocate for Petitioners.
Mr. N.S. Rao, Assi. Govt. Pleader for respondent Nos.1 and 2.
---------------------------------------------------------------------------
CORAM : NITIN W. SAMBRE &
ABHAY J. MANTRI, JJ.
RESERVED ON : 27/08/2024
PRONOUNCED ON : 03/09/2024
JUDGMENT (Per : Abhay J. Mantri, J.)
Rule. Rule is made returnable forthwith. Heard finally,
with the consent of the learned counsel appearing for the parties.
PAGE 2 OF 8
-- 3 -- Judgment WP 3475.2024 + 1.odt
(2) The petitioners are challenging the order/communication
dated 08/04/2024 issued by respondent No.2 Education
Officer(Secondary), Zilla Parishad, Buldhana, whereby the proposal
forwarded by the petitioners for grant of approval to the services of
petitioner No.3 in both the petitions from partially 20% aided division
to 100% aided division has been rejected.
(3) Petitioner No.1 is the Education Society, which runs
Petitioner No.2 School. Petitioner No.3 in both petitions is an employee
of petitioner Nos.1 and 2 working on the post of 'Assistant Teacher'.
(4) Petitioner Jayashri, in Writ petition No.3475/2024,
possesses H.Sc., D.Ed. qualification. By appointment order dated
26/06/2015, she was appointed as an assistant teacher on a no-grant
basis with petitioner No.2 School for 5th Standard (unaided additional
section). Similarly, petitioner Lalsing, in Writ Petition No.3629/2024,
possesses a B.A. B.Ed. Qualification. By appointment order dated
26/06/2015, he was appointed as 'Assistant Teacher' on a no-grant
basis with petitioner No.2 School on 6th to 8th Standard (unaided
additional section).
(5) Respondent No.2, vide a communication dated
31/08/2015, approved the appointments of the petitioners to the
PAGE 3 OF 8
-- 4 -- Judgment WP 3475.2024 + 1.odt
unaided section.
(6) As per the policy decision dated 12/02/2021 and
06/02/2023, respondent No.2 issued an order granting 20% grant-in-
aid to Standard 5th to 10th with effect from 28/03/2023 and sanctioned
13 posts of teaching posts (teachers). It is further stated that one
Surekha Devidas Daberao and Mohan Shivram Ingle, who were working
as 'Assistant Teachers' in the 100% grant-in-aid section, were
superannuated with effect from 30/11/2023 and 31/05/2023,
respectively, as such, their posts become vacant. Due to the vacancy of
two posts of Assistant Teachers, the Executive Body/School Committee
of petitioner No.1, on 29/02/2024 had called a meeting and
unanimously resolved to transfer both the petitioners in these petitions
from 20% grant-in-aid division to 100% grant-in-aid division with effect
from 01/03/2024 being the senior most teachers. Accordingly, they
submitted a proposal to the respondent No.2 Education Officer
(Secondary) on 26/03/2024. However, vide communication/order dated
08/04/2024, respondent No.2 informed the petitioner Nos.1 and 2 that
the said proposal has been rejected in view of the Circular dated
01/12/2022, issued by the State Government granting a stay to the
provisions of Rule 41-A of the Maharashtra Employees of Private School
(Conditions of Service) Rules, 1981 (hereinafter referred to as
"M.E.P.S. Rules 1981"). Hence, these petitions.
PAGE 4 OF 8
-- 5 -- Judgment WP 3475.2024 + 1.odt
(7) It is pertinent to note that despite the appearance of
respondent Nos.1 and 2 on 26/06/2024, has failed to file a reply to
these petitions.
(8) Mr. Ram Karode, learned Counsel for the petitioners, has
vehemently argued that petitioners are duly appointed as 'Assistant
Teachers' and have completed five years of services in the unaided
division. Also, due to the retirement of two employees, petitioners,
being seniormost teachers, have been transferred from the 20% grant-
in-aid section to the 100% grant-in-aid section. The said transfers were
legal and proper.
(9) He further canvassed that said issue is covered by the
judgment of this Court in the case of Friends Social Circle, Akola and
others vs. State of Maharashtra and others, 2023 SCC Online Bom.
1503, as well as the judgment passed in Writ Petition No.1205/2024.
Hence, he urges that petitions be allowed.
(10) As against above, Mr. Rao, learned Assistant Government
Pleader, submitted that as per the Government Resolution dated
29/04/2024, the Government Resolution dated 01/12/2022 has been
set aside. Respondent No.2 is ready to consider the petitioners'
proposal. Hence, he has submitted that the Court may pass appropriate
PAGE 5 OF 8
-- 6 -- Judgment WP 3475.2024 + 1.odt
orders.
(11) We have considered the rival contentions of the parties
and perused the record, as well as the law laid down in the case of
Friends Social Circle (supra) and Writ Petition No.1205/2024.
(12) At the outset, it reveals that petitioner No.3 in both
petitions was appointed in the unaided division of the school with effect
from 01/07/2015. Subsequently, as per the policy decisions dated
12/02/2021 and 06/02/2023, the petitioner No.2 School received a
20% grant-in-aid with effect from 28/03/2023.
(13) It is an undisputed fact that two 'Assistant Teachers' on
100% grant-in-aid division were superannuated on 31/05/2023 and
30/11/2023 respectively and therefore, the Executive Body/School
Committee of petitioner No.1 vide Resolution dated 29/02/2024
unanimously resolved to transfer petitioner No.3 in both the petitions
from 20% grant-in-aid division to 100% grant-in-aid division School,
being the senior most teachers in the said School. The proposal was
rejected solely on the ground that the state government has stayed the
transfer of the teachers from the unaided division school to the aided
division school vide Circular/Communication dated 01/12/2022.
PAGE 6 OF 8
-- 7 -- Judgment WP 3475.2024 + 1.odt
(14) It is evident that the issue raised in both these petitions
is no more res integra, as it is squarely covered by the judgment in the
case of Friends Social Circle (supra) and other connected petitions. The
Government Resolution dated 01/12/2022 has already been quashed
and set aside, which stayed the operation of Rule 41-A of the M.E.P.S.
Rules 1981. The said decision has been followed in subsequent
petitions.
(15) Having considered the aforesaid facts, we are of the view
that the issue is squarely covered by the judgment in the case of
Friends Social Circle (supra), and therefore, we deem it appropriate to
allow the petitions by passing the following order :-
ORDER
A) The impugned order/communication dated 08/04/2024
passed/issued by respondent No.2 is hereby quashed and set
aside.
B) The proposal for grant of approval to the transfer of petitioner
No.3 in both petitions from 20% grant-in-aid School to 100%
grant-in-aid School is hereby restored.
C) Needless to clarify, if there are any other grounds on which
respondent No.2 intends to return or reject the proposal of
petitioner No.3 in both petitions, he/she is directed to
communicate the same to the petitioners within four weeks
from the production of a copy of this judgment.
PAGE 7 OF 8
-- 8 -- Judgment WP 3475.2024 + 1.odt
D) The petitioners thereafter shall submit their explanation to the
proposed grounds along with supporting material, including
the Government Resolution, case laws, orders of this Court,
etc., if relied upon.
E) Respondent No.2 is directed to decide the proposals of
petitioner No.3 - Teacher respectively, after that within a
period of eight weeks by dealing with the explanation
submitted by the petitioners and also dealing with the case
laws, orders of this Court, by passing a reasoned order subject
to other time-bound directions.
F) We have not expressed any opinion on petitioner No.3's
proposal, which shall be decided on its own merits and in
accordance with the law.
G) The said proposals will not be rejected on the grounds of a
Government Resolution dated 01/12/2022.
H) Needless to mention that, if respondent No.2 proceeds to
grant petitioner No.3's proposal as prayed, the consequential
benefits will follow; in that case, the aforesaid directions will
not apply.
[ ABHAY J. MANTRI, J. ] [ NITIN W. SAMBRE, J. ]
KOLHE
Signed by: Mr. Ravikant Kolhe PAGE 8 OF 8
Designation: PA To Honourable Judge
Date: 03/09/2024 11:30:12
