Case Note & Summary
The petitioners, Bhartiya Vidya Bhavan and its school (Bhavanis Bhagwandas Purohit Vidya Mandir), challenged the applicability of the Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977 (MEPS Act) to their institution, which is affiliated to the Central Board of Secondary Education (CBSE), Delhi. The respondent-teacher, Sanjay Sukhdeo Bombatkar, had his services terminated by the school and filed an appeal under Section 9 of the MEPS Act before the School Tribunal, Nagpur. The Tribunal took cognizance and issued notice to the petitioners. The petitioners then approached the Bombay High Court, Nagpur Bench, questioning the Act's applicability and the tenability of the appeal. The court examined the relevant provisions: Section 3(1) makes the Act applicable to all private schools in Maharashtra; Section 2(20) defines 'private school' as a recognised school established or administered by a non-government entity; and Section 2(21) defines 'recognised' as recognition by the Director, Divisional Board, State Board, or authorised officers. The court noted that the school was affiliated to CBSE, not recognised by any of the state-level authorities mentioned in Section 2(21). Consequently, the school did not fall within the definition of 'private school' under the Act, and the Act did not apply to it. The appeal before the School Tribunal was therefore not maintainable. The court allowed the writ petition, quashing the proceedings before the Tribunal.
Headnote
A) Education Law - Applicability of MEPS Act - Definition of 'Recognised School' - Section 2(21) read with Sections 2(20) and 3(1) of the Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977 - The Act applies only to schools recognised by the Director, Divisional Board, State Board, or authorised officers under the State Government. A school affiliated to the Central Board of Secondary Education (CBSE) is not recognised by any of these authorities and thus falls outside the Act's purview. The School Tribunal has no jurisdiction over such schools. (Paras 1-3)
B) Education Law - Jurisdiction of School Tribunal - Section 9 of MEPS Act - Appeal against termination - Since the school is not a 'private school' as defined under Section 2(20) of the Act, the appeal filed by the teacher before the School Tribunal is not maintainable. The Tribunal's notice to the school was without jurisdiction. (Paras 1-3)
C) Education Law - Central Board of Secondary Education - Recognition vs. Affiliation - Affiliation with CBSE does not amount to recognition under the MEPS Act. The Act's definition of 'recognised' is confined to state-level boards and authorities. (Paras 1-3)
Issue of Consideration
Whether the Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977 applies to a school affiliated to the Central Board of Secondary Education (CBSE), Delhi, and whether an appeal under Section 9 of the Act is tenable against such a school.
Final Decision
The writ petition is allowed. The proceedings before the School Tribunal, Nagpur, in the appeal filed by respondent no.2 are quashed. The rule is made absolute accordingly.
Law Points
- Interpretation of 'recognised' under Section 2(21) of MEPS Act
- 1977
- Applicability of Act to CBSE-affiliated schools
- Definition of 'private school' under Section 2(20)
- Scope of Section 3(1) of MEPS Act
Case Details
2010 LawText (BOM) (07) 146
Writ Petition No. 1987/1994
S. A. Bobde, A. B. Chaudhari
Mr. S. V. Purohit for petitioners; Mr. A. R. Patil for respondent no.2; Mr. T. R. Kankale, A.G.P. for respondent no.3
Bhartiya Vidya Bhavan & Bhavanis Bhagwandas Purohit Vidya Mandir
Presiding Officer, School Tribunal, Nagpur; Sanjay Sukhdeo Bombatkar; State of Maharashtra
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Nature of Litigation
Writ petition challenging the applicability of the Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977 to a CBSE-affiliated school and the tenability of an appeal under Section 9 of the Act before the School Tribunal.
Remedy Sought
The petitioners sought a declaration that the Act does not apply to their school and that the appeal filed by the respondent-teacher before the School Tribunal is not maintainable.
Filing Reason
The School Tribunal took cognizance of an appeal filed by a terminated teacher against the petitioners, who contend that the Act does not apply to their CBSE-affiliated school.
Previous Decisions
The School Tribunal issued notice to the petitioners in the appeal filed under Section 9 of the Act.
Issues
Whether the Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977 applies to a school affiliated to the Central Board of Secondary Education (CBSE), Delhi.
Whether an appeal under Section 9 of the Act is tenable against such a school before the School Tribunal.
Submissions/Arguments
The petitioners argued that their school is affiliated to CBSE, not recognised by the Director, Divisional Board, or State Board as required under Section 2(21) of the Act, and therefore the Act does not apply.
The respondent-teacher presumably argued that the Act applies to all private schools in Maharashtra, including CBSE-affiliated schools.
Ratio Decidendi
A school affiliated to the Central Board of Secondary Education (CBSE) is not a 'recognised school' under Section 2(21) of the Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977, as it is not recognised by the Director, Divisional Board, State Board, or any officer authorised by them. Consequently, such a school does not fall within the definition of 'private school' under Section 2(20), and the Act does not apply to it. Therefore, an appeal under Section 9 of the Act before the School Tribunal is not maintainable.
Judgment Excerpts
The petitioner is a School affiliated to the Central Board of Secondary Education, Delhi... It is, thus, not a School recognized by the Director, Divisional Board or any such Board or by any Officer recognized by State Government or by the Boards, which alone qualifies for being treated as a private school governed by the provision of this Act.
Section 2(21) 'recognised' means recognised by the Director, the Divisional Board or the State Board, or by any officer authorised by him or by any of such Boards.
Procedural History
The petitioners' school terminated the services of respondent no.2 (teacher). Respondent no.2 filed an appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977 before the School Tribunal, Nagpur. The Tribunal issued notice to the petitioners. The petitioners then filed the present writ petition before the Bombay High Court, Nagpur Bench, challenging the applicability of the Act and the tenability of the appeal.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977: Section 2(20), Section 2(21), Section 3(1), Section 9
