Case Note & Summary
The petitioner, Ibrahim Ismail Tadkal, was appointed as a Drawing Teacher in respondent No.4 School on 8th June, 1994. He possessed an Art Teachers Diploma, which qualified him to teach Drawing in a primary school. The Education Officer (Primary), Zilla Parishad, Solapur, by order dated 23rd November, 1994, rejected the proposal for approval of his appointment on the sole ground that he was an untrained teacher. Consequently, the petitioner was terminated on 29th April, 1995. The petitioner filed a Writ Petition under Article 226 of the Constitution of India, primarily challenging the rejection order and seeking direction for payment of salary and emoluments for the period from 8th June, 1994 to 29th April, 1995. The relief of reinstatement was not pressed. The court examined the definition of 'trained teacher' under Rule 2(k) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, which includes a teacher who has secured a professional certificate, diploma or degree recognised by the Department qualifying him for a teaching post in a school. The court noted that the qualification for a Drawing Teacher in primary schools is specified in Schedule B, clause I.2, which requires SSC and Art Teachers Diploma or equivalent. The court held that the definition of 'trained teacher' is wide enough to encompass teachers possessing specified qualifications for special subjects like Drawing. Therefore, the petitioner, holding an Art Teachers Diploma, was a trained teacher and the rejection of approval on the ground of being untrained was unsustainable. The court allowed the petition and directed the respondents to pay the petitioner's salary and other emoluments for the period he actually worked, i.e., from 8th June, 1994 to 29th April, 1995.
Headnote
A) Service Law - Trained Teacher Definition - Rule 2(k) of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 - The definition of 'trained teacher' is wide enough to include a teacher who possesses a professional certificate, diploma or degree recognised by the Department that qualifies him for a teaching post in a school, including special subjects like Drawing. - Held that the petitioner possessing Art Teachers Diploma is a trained teacher for the post of Drawing Teacher in a primary school. (Paras 2-4) B) Education Law - Qualification for Drawing Teacher - Schedule B, Clause I.2 of MEPS Rules, 1981 - Appointment to the post of Special Teacher (Drawing Teacher) in Primary Schools shall be made from candidates who have passed SSC and possess Art Teachers Diploma or equivalent. - Held that the petitioner satisfied the prescribed qualification and was entitled to approval. (Para 3) C) Constitutional Law - Writ Jurisdiction - Article 226 of Constitution of India - The petitioner confined relief to salary for the period of service rendered, not reinstatement. - Held that the order rejecting approval was unsustainable and the petitioner is entitled to salary for the period 8th June, 1994 to 29th April, 1995. (Paras 1, 5)
Issue of Consideration
Whether a Drawing Teacher possessing Art Teachers Diploma can be considered a 'trained teacher' under the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, and whether the rejection of approval on the ground of being untrained is valid.
Final Decision
The court allowed the writ petition and directed the respondents to pay the petitioner's salary and other emoluments for the period from 8th June, 1994 to 29th April, 1995.
Law Points
- Definition of trained teacher under Rule 2(k) of MEPS Rules
- 1981 includes special subject teachers with professional diploma
- Schedule B clause I.2 for Drawing Teacher qualification
- Article 226 of Constitution of India
