Case Note & Summary
The case involves an appeal by Sant Bhagwan Baba Shikshan Mandal and others (the school management) against a judgment of the Bombay High Court (Aurangabad Bench) dated 17th November 2009. The respondent no.1, originally appointed as a Peon in the appellant no.3-School on 14th June 1991, passed his Bachelor of Arts and Bachelor of Physical Education examinations in 2004 and 2005 respectively while in service. On 10th June 2005, the State of Maharashtra issued a Government Resolution (GR) implementing the revised Shikshan Sevak Yojana, which in paragraph 8 provided that where a non-teaching employee acquires educational qualifications required for teachers and such posts are available, the non-teaching member shall be appointed as Shikshan Sevak, with his prior service counted for pension. The respondent no.1 made representations for appointment as Shikshan Sevak but was not considered. When a vacancy arose in 2006 due to the retirement of a Physical Education teacher, the management issued an advertisement in June 2008 and appointed another person (respondent no.5). The respondent no.1 filed a writ petition in the High Court, which was allowed, directing the management to appoint him as Shikshan Sevak. The Supreme Court dismissed the appeal, holding that the High Court correctly applied the GR and the amended provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. The Court noted that the respondent no.1 had acquired the requisite qualifications, had taken permission for further education, and had made representations. The management's argument that a non-teaching employee could only be promoted to Laboratory Assistant or Clerk under Schedule 'F' of the Rules was rejected, as the GR and Act provided a specific entitlement for non-teaching employees acquiring teacher qualifications. The Court also observed that the management did not follow the procedure of ascertaining surplus persons from the designated officer and that the authenticity of the newspaper advertisement was doubtful. The appeal was dismissed with no order as to costs.
Headnote
A) Service Law - Appointment - Shikshan Sevak - Non-teaching to Teaching - Government Resolution dated 10th June, 2005, paragraph 8 - A non-teaching employee who acquires educational qualifications required for teachers is entitled to be appointed as Shikshan Sevak when a vacancy arises, and his prior non-teaching service is to be counted for pension. (Paras 2, 9-11) B) Service Law - Appointment - Shikshan Sevak - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, Section 5 - The management must fill every permanent vacancy by appointing a person duly qualified, and before advertising, must ascertain from the designated officer whether any suitable surplus person is available. The management cannot ignore an eligible internal candidate who has acquired the requisite qualifications. (Paras 4, 10-11) C) Service Law - Promotion - Non-teaching to Teaching - Schedule 'F' of Maharashtra Employees of Private School Rules, 1981, Clause 3 - The rule regarding promotion of lower grade staff to posts of Laboratory Assistant or Clerk does not bar a non-teaching employee from being appointed as Shikshan Sevak under the GR and Act, as the appointment is not a promotion but a separate mode of appointment for those who acquire teacher qualifications. (Paras 6, 8)
Issue of Consideration
Whether a non-teaching employee (Peon) who acquires requisite qualifications for a teaching post (Shikshan Sevak) is entitled to be appointed to that post under the Government Resolution and the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.
Final Decision
The Supreme Court dismissed the appeal, upholding the High Court judgment directing the appellants to appoint respondent no.1 as Shikshan Sevak in accordance with law. No order as to costs.
Law Points
- Non-teaching employee acquiring educational qualification for teacher post is entitled to be appointed as Shikshan Sevak
- Service rendered as non-teaching staff counts for pension
- Management cannot bypass eligible internal candidate by public advertisement
