1 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN ITS CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4082 OF 2001 Hanmant Bhagwat Melage Adult, Occupation: Service Somrai Nagar, Mohol, District Solapur ..Petitioner Vs. 1. The State of Maharashtra 2. The Divisionalo Social Welfare Officer Pune Division, Pune 3.The District Social Welfare Officer, Solapur District, Solapur 4. Rajiv Smruti Bahu-Uddeshiya Sanstha, Barsi, having its Registered Office at 44-C, Kasba Peth, In front of Municipal Council, Barsi, District Solapur, through its President Shri B.S.Kulkarni ..Respondents Shri S.G.Kudle for the Petitioner Shri V.S.Gokhale AGP for Respondent Nos.1 to 3 Shri Ashok Tajne i/b Shri G.S.Godbole for Respondent No.4 2 Coram: P.B.MAJMUDAR AND R.M. SAVANT, JJ. 16th June, 2010 ORAL JUDGMENT (PER SHRI R.M.SAVANT J.) 1. By way of this Petition filed under Article 226 of the Constitution of India, the Petitioner inter alia seeks a direction to the effect that the Respondents be directed to protect his service as Art Teacher in terms of Rule 26 and 27 of Maharashtra Employees of Private Schools (Condition of Service) Regulation Act 1977 and Rules 1981, thereby transferring him in any other Aided school meant for handicapped students anywhere in Maharashtra, but preferably in Solapur District. The facts in brief can be stated thus. 2. It is the case of the Petitioner that he came to be appointed as an Art Teacher in a regular and permanent vacancy by the Respondent No.4 management. The Petitioner claims to have worked in the said school from 1993 to November 2000. On 24-11-2000, the school where the Petitioner was 3 working came to be de-recognised on account of the fact of having not complied with some mandatory provisions as a result of which, the school in question was closed and the Petitioner was rendered jobless. In so far as, the closure of the school on account of de-recognition is concerned, the manner in which, the teachers who were working on permanent basis in such schools are to be dealt with is inter alia covered by the regime of Rule 25A of the Maharashtra Employees of Private Schools (Condition of Service) Regulation Act 1977 and Rule 1981. The said provision is reproduced hereunder: 25A. The service of the permanent employee may be terminated by the Management on account of abolition of posts due to closure of the school after giving him advance intimation of three months to the effect that in the event of closure of the school, his services shall automatically stand terminated. In the 4 case of closure of school due to de- recognition, such advance intimation of three months shall be given by the Management to the permanent employees after receipt of a show cause notice from the Deputy Director. Explanation:- For the purposes of this sub-rule the expression Closure of the School shall include- (i)Voluntary closure by the Management of the entire school if it is imparting instructions through one medium or a part of the school comprising one or more medium of instructions, if it is imparting instruction through more than one medium and (ii)closure of the school due to de- recognition by the Department. 5 (2)The names of the employees in the Aided schools whose services stand terminated in accordance with sub-rule (i) on account of de-recognition and who are not directly responsible for such de-recognition, shall be taken on a waiting list by the Education Officer in the case of primary and Secondary Schools or by the Deputy Director in the case of Junior Colleges of Education and the same shall be recommended by him to the managements of newly opened aided schools or of the existing aided schools which are allowed to open additional divisions or classes for consideration. 3. In terms of the scheme as postulated in the said Rule 25A, on closure of school due to de- 6 recognition, the affected employees whose services have been terminated in accordance with sub rule- (i) on account of de-recognition and are not directly responsible for such de-recognition, are entitled to be included in the waiting list maintained by the Education Officer in the case of Primary and Secondary Schools or by the Deputy Director in the case of Junior Colleges of Education. The concerned authority, therefore, is obligated to recommend the name of such employee to the management of newly open aided school or existing aided school, which are allowed to open additional divisions or classes for appointment. 4. We, therefore, direct the Respondents authorities to empanel the Petitioner on the waiting list for being absorbed in a vacancy in any of the schools. The said action of putting the Petitioners on the surplus list should be done expeditiously and within a period of four weeks 7 from date. In case of there being any vacancy, the Petitioner s case should be considered on the basis that the Petitioner s services were terminated on 24-11-2000, on account of de-recognition of the said school. In that sense, the Petitioner would have a precedence in terms of the said date of termination. 5. Rule is accordingly made absolute in the aforesaid terms with parties to bear their respective costs. 6. In the event, the Petitioner is absorbed in the Respondent No.4 school or in any other school, since we have not gone into the issue as regards the Petitioner s right to the benefit of continuation of service, it would be open for the Petitioner to agitate the said grievance independently before the appropriate Authorities / Court. (R.M.SAVANT, J.) (P.B.MAJMUDAR, J.)