1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1615 OF 1994 1. Ahmednagar District Secondary } Teachers Association, Madhyamik } Shikshak Bhavan, Juna Mangalwar } Bazar, Ahmednagar } Through its President. } 2. Bapu Bhau Andhale } Age : Major, Occ. : Service, } R/o : 105, Baijabai Co-op. Housing } Society Ltd., Pipeline Road, } Ahmednagar. } ..... PETITIONERS V E R S U S 1. The State of Maharashtra } Through the Secretary } General Administration } Department, Govt. of } Maharashtra, Mantralaya, } Mumbai – 32. } 2. The Collector and the } Returning Officer, } Ahmednagar. } 3. The Education Officer } (Secondary), Zilla Parishad, } Ahmednagar. } 4. Election Commission of India } New Delhi, through its } Secretary. } .... RESPONDENTS 2 Mr. N.B.Khandare, Advocate for petitioner. Mrs. R.K.Ladda, Assistant Govt. Pleader for State. Mr. S.S.Bora, Advocate holding for Mr. S.C. Bora, Advocate for respondent no. 1. CORAM : B.R.GAVAI & S.V.GANGAPURWALA, JJ. DATE OF JUDGMENT: 08/06/2010 ORAL JUDGMENT : [ PER – B.R.GAVAI, J. ] 1. By way of present Writ Petition, the petitioner impugns communication dated 3/5/1992 issued by the Education Officer, Zilla Parishad, Ahmednagar ( respondent no. 3 ). Petitioner no. 1 is association of the Teachers working in various aided secondary schools in the Ahmednagar district. The communication was issued by respondent no. 3 addressed to all the Head Masters of private aided secondary and higher secondary schools as well as junior colleges and D.Ed. Colleges in Ahmednagar district thereby informing that the Collector, Ahmednagar had directed that the teachers working in such institutions should not take part directly or indirectly in election propaganda. The said communication further states that the Collector had further directed that if any teacher is found engaged in such propaganda, he should be immediately suspended. 2. Undisputedly, the teachers working in aided private 3 secondary and higher secondary schools are not Govt. servants. We, therefore, find that such a restriction could not have been imposed by the impugned communication upon the teachers working in such schools. Though the petition has been admitted, no reply has been filed on behalf of respondents justifying the said action. We find that such restrictions would interfere with fundamental right of the teachers working in private aided schools guaranteed under Article 19 of the Constitution of India. Apart from that, it is also not clear under which powers such directions have been issued by the Collector. 3. In that view of the matter, Rule is made absolute in terms of prayer clause ‘ B ’. [ S.V.GANGAPURWALA ] [ B.R.GAVAI ] JUDGE JUDGE knp/WP 1615.94 ( J )