-1- W.P. Nos.2411,2415,1204,1205,1206 & 1207 of 2002 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2411 OF 2002 Shrikant Narayan Kulkarni, ) Poonam complex, Shani Park, Mira Road (East), Dist. Thane )..Petitioner versus 1. State of Maharashtra ) 2. Secretary, Education Department (School), ) Mantralaya, Mumbai-32 ) 3. Director of Education (Secondary & Higher Secondary ) Education), Maharashtra State, Central Building, Pune. ) 4. Deputy Director of Education (Secondary & Higher ) Secondary Education, Nasik Region, Nasik ) 5. Thomas Baptista Junior College, Papdy, Vasai, Dist.Thane ).Respondents WITH WRIT PETITION NO. 2415 OF 2002 Sharatkant Amrut Kulkarni ) residing at Hanuman Tekdi, Vevoor, Palghar, Dist. Thane )..Petitioner versus 1. State of Maharashtra ) 2. Secretary, Education Department (School), ) Mantralaya, Mumbai-32 ) 3. Director of Education (Secondary & Higher Secondary ) Education), Maharashtra State, Central Building, Pune. ) 4. Deputy Director of Education (Secondary & Higher ) Secondary Education, Nasik Region, Nasik ) -2- W.P. Nos.2411,2415,1204,1205,1206 & 1207 of 2002 5. Sonopant Dandekar Shikshan Mandali, ) C/o Dandekar College, Palghar, Dist.Thane ) through its Honorary Secretary ) 6. R.Y.Sarode, Res. 210, Sagar Nagar, Ambaji Road, ) Palghar, Dist. Thane. ).Respondents WITH WRIT PETITION NO. 1204 OF 2002 Manohar Rangrao Kumbhar, ) residing at ‘Kedar’, Plot No. 19/1, Shivajinagar Deokar Panand ) Old Vasi Naks, Kolhapur )..Petitioner versus 1. State of Maharashtra ) 2. Secretary, Education Department (School), ) Mantralaya, Mumbai-32 ) 3. Director of Education (Secondary & Higher Secondary ) Education), Maharashtra State, Central Building, Pune. ) 4. Deputy Director of Education (Secondary & Higher ) Secondary Education, Kolhapur Region, Kolhapur ) 5. Kolhapur Municipal Corporation, Kolhapur, ) through the Principal, Yashvantrao Chavan College, ) Kolhapur. ).Respondents WITH WRIT PETITION NO. 1205 OF 2002 Raghunath Damodar Joshi, residing at Jawahar Nagar, ) Ichalkaranji, Dist. Kolhapur )..Petitioner versus 1. State of Maharashtra ) -3- W.P. Nos.2411,2415,1204,1205,1206 & 1207 of 2002 2. Secretary, Education Department (School), ) Mantralaya, Mumbai-32 ) 3. Director of Education (Secondary & Higher Secondary ) Education), Maharashtra State, Central Building, Pune. ) 4. Deputy Director of Education (Secondary & Higher ) Secondary Education, Kolhapur Region, Kolhapur ) 5. Narayanrao Babasaheb Education Society, Ichalkaranji, ) Dist. Kolhapur, through its Hon. Secretary ).Respondents WITH WRIT PETITION NO. 1206 OF 2002 Mrs. Pratibha Bajirao Patil, ) residing at 232/A, “E” Patil Hospital, Near Telephone ) Bhavan, Tarabai Park, Dist. Kolhapur )..Petitioner versus 1. State of Maharashtra ) 2. Secretary, Education Department (School), ) Mantralaya, Mumbai-32 ) 3. Director of Education (Secondary & Higher Secondary ) Education), Maharashtra State, Central Building, Pune. ) 4. Deputy Director of Education (Secondary & Higher ) Secondary Education, Kolhapur Region, Kolhapur ) 5. Shree Shahu Chhatrapati Shikshan Sanstha, ) Dasara Chowk, Dist. Kolhapur ) 6. Vasantrao Babasaheb Patil, resident of near Madhuban ) Co-op. Hsg. Soc. Ltd., 12th Lane, Rajarampuri (East) ) Kolhapur ).Respondent WITH WRIT PETITION NO. 1207 OF 2002 -4- W.P. Nos.2411,2415,1204,1205,1206 & 1207 of 2002 Laxman Shankar Killedar, ) residing at 2660, B Wad, Near Sathamari, Mangalwar Peth ) Kolhapur. )..Petitioner versus 1. State of Maharashtra ) 2. Secretary, Education Department (School), ) Mantralaya, Mumbai-32 ) 3. Director of Education (Secondary & Higher Secondary ) Education), Maharashtra State, Central Building, Pune. ) 4. Deputy Director of Education (Secondary & Higher ) Secondary Education, Kolhapur Region, Kolhapur ) 5. Bhogawati Shikshan Prasarak Mandal, Shahunagar (Parite),) Taluka Karveer, Dist. Kolhapur, through its Hon. Secretary ).Respondents In all matters: Mr. Vijay D. Patil for the petitioners. Smt. S.S. Bhende for respondent Nos. 1 to 4. Mr. S.R. Page for respondent No.5 in W.P. No. 2415 of 2002. CORAM: P.B. MAJMUDAR & R.M. SAVANT, JJ. DATE: JULY 09, 2010. ORAL JUDGMENT: (Per R.M. Savant, J.) The petitioners in all the above petitions have impugned the Government Resolution dated 2nd January, 2002 and have also sought a declaration that Schedule-F to the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (hereinafter for the sake of brevity -5- W.P. Nos.2411,2415,1204,1205,1206 & 1207 of 2002 referred to as “the Act of 1977”) is not applicable to the petitioners. 2. Shorn of unnecessary details, a few facts may be stated thus:- 3. The petitioners were initially appointed as Assistant Teachers/Teachers between the period 1976 and 1980. All the petitioners are holders of the Masters Degree in either Arts or Commerce. The appointment of the petitioners was made when the 10+2+3 educational system was introduced in the State of Maharashtra resulting in large number of Junior Colleges being opened in the State. Hence to cater to the requirements of the said Junior Colleges, a need arose for large number of teachers resulting in the State Government issuing a Government Resolution dated 6th May, 1976, inter alia, providing for various aspects to be covered in the wake of the 10+2+3 educational system including the qualification of teachers to be appointed in the Junior Colleges. It was provided in the said G.R. that teachers not having the professional qualification of B.Ed. or other teaching qualifications were also eligible to apply. However, they had to acquire the said professional teaching qualifications within a period of five years failing which they would not be entitled to future increments. All the petitioners, it appears from the facts as disclosed in the petition, were appointed between the period 1976 and 1980. Thereafter the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (hereinafter for the sake of brevity referred to as “the Rules -6- W.P. Nos.2411,2415,1204,1205,1206 & 1207 of 2002 of 1981”) were introduced under the Act of 1977. The seniority of teachers is regulated by Schedule-F of the said Rules of 1981. The said Rules of 1981, inter alia, provide a mechanism of regulating the said seniority. 4. In so far as the present petitions are concerned, a significant event occurred inasmuch as on 5th August, 1997, the State Government issued a Resolution whereby one post of Vice-Principal in such of the Junior Colleges was created which had more than 8 divisions. It was directed that the seniority of teachers for being considered for the said post of Vice-Principal should be reckoned from the date of their appointment in the Junior College. Thereafter by another Government Resolution dated 20th February, 1998 it was decided that the seniority for the post of Vice-Principal should be reckoned from the date of teachers having obtained the training qualification viz. B.Ed. or Diploma or Certificate in Teaching. Thereafter, again there was a turn around and by a Government Resolution dated 10th March, 1998, the Government reverted to the position of reckoning the seniority from the date of initial appointment. The petitioners in the above petitions at the relevant time being senior were, therefore, appointed as Vice-Principals in pursuance of the said Government Resolution dated 5th August, 1997 or the G.R. dated 10th March, 1998. The principle of seniority contained in G.R. dated 5th August, 1997 came to be reinstated by the subsequent Government Resolution dated 10th March, 1998. -7- W.P. Nos.2411,2415,1204,1205,1206 & 1207 of 2002 5. It appears that a writ petition came to be filed before the Nagpur Bench of this Court being Writ Petition No. 916 of 1998 wherein the substantive relief sought was the implementation of the G.R. dated 28th February, 1998 which provided for reckoning of seniority from the date that the teacher obtained the teaching qualification. In the said writ petition, a review petition came to be filed in which an order came to be passed by a Division Bench of this Court on 6th November, 2001 by which order the State Government was directed to implement the G.R. dated 20th February, 1998 by ignoring the subsequent G.R. dated 10th March, 1998. This Court further directed that the order should be implemented forthwith and would be in force till the Government takes a decision to withdraw the impugned G.R. It appears that in consonance with the directive as contained in the said order dated 6th November, 2001, the State Government issued a fresh G.R. dated 2nd January, 2002 by which it was, inter alia, provided that the seniority for appointment to the post of Vice-Principal would be reckoned from the date of the teacher acquiring the teaching qualification i.e. B.Ed. or Diploma or Certificate in Teaching. Apprehending that adverse action would be taken against the petitioners inasmuch as they would be reverted back to their original posts that the petitioners have filed the above petitions challenging the said G.R. dated 2nd January, 2002. 6. We have heard the learned counsel for the petitioners and the learned AGP. The principal contention urged on behalf of the petitioners is that -8- W.P. Nos.2411,2415,1204,1205,1206 & 1207 of 2002 the petitioners have been appointed as teachers in the aftermath of the G.R. dated 6th May, 1976 which, inter alia, postulated that the teacher should acquire the teaching qualification within a period of five years of his appointment. It is sought to be contended on behalf of the petitioners that since the Rules of 1981 have come much after their appointment as Assistant Teachers, the same cannot be applied to the petitioners. It is further contended that the post of Vice- Principal being a post outside the posts mentioned in the said Schedule-F, the principles enshrined therein for reckoning of seniority cannot be made applicable to the said post of Vice-Principal. 7. Per contra, on behalf of the State and the Educational authorities/managements, the decision as contained in the impugned G.R. is sought to be justified on the ground that the principle enshrined in the said Schedule-F for reckoning the seniority of teachers is sought to be applied by the said impugned Government Resolution dated 2nd January, 2002. In our view, it is not necessary for us to go into the rival contentions of the parties as the facts disclose that the petitioners have approached this Court on the apprehension that an adverse action is likely to be taken against the petitioners in view of the said impugned G.R. dated 2nd January, 2002. The apprehension is on the ground that if the date of reckoning of seniority is taken as the date of the petitioners having acquired the teaching qualifications, then the petitioners would face reversion. Since as yet no adverse action is taken against the -9- W.P. Nos.2411,2415,1204,1205,1206 & 1207 of 2002 petitioners, as and when such action is contemplated against the petitioners, the authorities would be obligated to consider the fact that the petitioners were appointed when Government Resolution dated 6th May, 1976 was in vogue and when the Rules of 1981 were not even in the picture. The authorities would also have to consider the fact that the petitioners were appointed pursuant to the Government Resolution dated 5th August, 1997 and, therefore, whether the subsequent G.R. dated 2nd January, 2002 could be made applicable to the petitioners would also be a moot question that would arise for consideration of the authorities. 8. In view of the above, we dispose of these petitions by directing the authorities/management that in the event a decision is required to be taken as regards the continuation of the petitioners as Vice-Principals of the respective Colleges, the said decision would have to be taken in terms of the directions as set out hereinabove. Since the petitioners have continued from the year 1997, till the filing of the present petitions and thereafter under the interim orders of this Court, in our view, it would be in the fitness of things that the authorities hear the petitioners and thereafter pass appropriate orders in case any adverse action is contemplated against the petitioners in the matter of their continuation as Vice-Principals. -10- W.P. Nos.2411,2415,1204,1205,1206 & 1207 of 2002 10. With the aforesaid observations, the above petitions are disposed of by making the Rule absolute accordingly. Parties to bear their respective costs. P. B. MAJMUDAR, J. R.M. SAVANT, J.