1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1317 OF 2009 Saraswati Education Society, Parli-Vaij, Through its President, Laxmanrao s/o Shankarrao Deshmukh, Age: 81 years, Occ: Agri., and another. .. Petitioners Versus The Education Officer (Secondary), Zilla Parishad, Beed and another. .. Respondents ... Mr. Sachin Deshmukh, Advocate for the petitioners. Mrs. S.S. Autade, A.G.P. for respondent No. 1. Mr. B.A. Dhengle, Advocate for respondent No.2. ... CORAM : K.K. TATED, J. DATE : 20th JULY, 2009. PER COURT : 1. Heard learned Counsel for the parties. Rule made returnable forthwith. With the consent of both the parties, the matter is taken up for final hearing at the stage of admission. 2 2. The petitioners challenges the judgment and order passed by the President, Grievance Committee for Entertaining Complaints of Shikshan Sevak, Mumbai, Camp at Aurangabad in Appeal No. 36/2007. The learned Counsel appearing on behalf of the petitioners submitted that against the impugned judgment, the appeal is provided under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. 3. In support of his contention, he relied on the judgment dated 19-12-2008 passed by this Court in Writ Petition No. 8313/2008,in which it is held that appeal under Section 9 of the said Act, is maintainable. He relied on Para 10 and 11 of the said judgment, which read as under: "10. The Legislature intended to bring Shikshan Sevaks within the purview of the statutory protection which is extended to teachers under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 though with certain modifications such as in 3 relation to the period of probation. In other words, the services of Shikshan Sevaks would no longer remain in the realm of contract, to be governed by mere executive instructions, but would be governed by the statutory provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. What was earlier a matter of contract is converted statutorily into status, to use the descriptive context of service jurisprudence. The appointment and conditions of service of Shikshan Sevaks cease to be merely a matter of contract and have been statutorily embodied into the provisions of the Act of 197. Their position is not purely of contractual appointees any longer but is governed by legislation, with effect from 13th October 2000. The Government Resolution of 13th October 2000 provided for the redressal of grievances before a Grievance Committee. However, after the enactment of the Amending Act which was brought into force with effect from 30th April 2007, the remedy of an appeal before the School Tribunal, which is a duly constituted judicial body, is available to Shikshan Sevaks inter alia against a termination of service. Besides the language 4 which has been used in the Amending Act, the object of the amendment must be borne in mind in determining whether the remedy of an appeal under Section 9 is available. Bringing the Shikshan Sevaks within the purview of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, was an important aspect of legislative policy, the object of which is to bring an element of security to the services of Shikshan Sevaks instead of relegating them purely to the realm of a contractual position. The remedy of an appeal before the School Tribunal is part of the statutory scheme conceived of by the legislation as a measure of protection to teachers and to the non-teaching staff of private schools. Hence, in respect of those matters where a remedy of an appeal is provided by Section 9, recourse to the Grievance Committee would stand superseded to that extent. It is true that the mechanism of the Grievance Committee is embodied in the G.R. dated 13th October 2000. However, once Shikshan Sevaks have been brought within the purview of the statutory protection of the MEPS Act,1977, the remedy of an appeal under Section 9 of the Act would be available in respect of those matters where an appeal lies. At the cost of repetition, it has to be emphasised that an appeal 5 under Section 9 is available to an employee of a private school and the expression “employee” is defined specifically to include a Shikshan Sevak. What sub- section (2) of Section 12 saves are the terms and conditions prescribed by the Government Resolution for appointment. These would include conditions such as qualification, eligibility and pay scales. Once a comprehensive statutory remedy has been provided for resolving disputes in matters of termination, dismissal, removal, reduction in rank and supersession, that will enure to the benefit of Shikshan Sevaks. An appeal to the Tribunal shall be maintainable under Section 9 and the jurisdiction of the Grievance Committee shall to that extent stand denuded. " "11. The view which I have taken is also in consonance with the judgment of a Learned Single Judge of this Court in President/Secretary Shivnath Education Trust vs. Ramlochan Rajbali Patel. Mr.Justice S.C. Dharmadhikari held as follows : “It is apparent that the Legislature desired to bring in all Shikshan Sevaks whether appointed under the Govt. Resolution/Gazette Notification dated 15th February, 2007 or earlier within the purview of the MEPS Act. The question 6 of restrospectivity is answered automatically.” I am in respectful agreement with the view." 4. The learned Counsel appearing on behalf of the respondent No. 2 makes a statement that he is ready to file appeal under Section 9 of the said Act before the competent authority. 5. In view of these facts, the judgment dated 19-12-2008 passed by the President, Grievance Committee, Mumbai, Camp at Aurangabad is set aside. However, the respondent No.2 shall be at liberty to file appeal before the School Tribunal under Section 9 of the M.E.P.S. Act and in the event, if such appeal is filed, all the rights and contentions of the parties are kept open to be decided by the Tribunal. In order to enable the respondent No.2 to move School Tribunal, there shall be a direction to that effect that in the event of respondent No.2 files appeal before the School Tribunal within 7 a period of three weeks from today, the School Tribunal shall evaluate the said appeal on its own merits in accordance with the law. It is needless to state that the question of limitation to be considered by the School Tribunal sympathetically considering the proceedings pending before the President, Grievance Committee for entertaining the complaints of Shikshan Sevak, Mumbai, Camp at Aurangabad and the present Writ Petition. 6. Rule made absolute in above terms. [ K.K. TATED, J.] sut/JUL09/wp1317.09