Case Note & Summary
The case involves three clubbed writ petitions before the Bombay High Court, Aurangabad Bench, concerning the absorption of teachers from unaided posts to aided posts in a minority institution. Shri Vardhaman Sthanakwasi Jain Shrawak Sangh, a trust, runs Mahaveer High School, which claims minority status. In 2013-14, the trust appointed Sandeep Babasaheb Chate and seven others as assistant teachers on an unaided basis, with explicit undertakings that they would not claim grant-in-aid. Their appointments were approved by the Education Officer for probation. Subsequently, a Government Circular dated 28 June 2016 permitted the transfer of teachers from unaided to aided posts in the same school, subject to conditions. In August 2016, the trust advertised eight posts of Shikshan Sevak and selected Prakash Khabria and seven others. The Education Officer, however, rejected the approval of these appointments on 30 March 2017, citing non-compliance with Section 5(1) of the Maharashtra Employees of Private Schools Act, 1977, and failure to absorb surplus teachers. On 12 June 2017, the trust closed eight unaided divisions, citing financial constraints, and terminated the services of Sandeep Chate and six others. These teachers filed Writ Petition No. 1451 of 2017, seeking absorption on aided basis and salary. The trust and the selected Shikshan Sevaks filed Writ Petition No. 5389 of 2017, challenging the rejection. Pradeep and Vaibhav Rathod filed Writ Petition No. 9040 of 2017 with similar grievances. The unaided teachers argued that the Government Circular gave them a legitimate expectation to be absorbed and that transfer was permissible under Rule 41(5) of the MEPS Rules. The management contended that as a minority institution, it enjoyed autonomy under Article 30(1) of the Constitution and had the prerogative to fill vacancies. It relied on the Supreme Court decision in Satimbla Sharma v. St. Paul's Senior Secondary School. During pendency, the trust withdrew the termination on 31 January 2019 and reinstated the teachers on honorarium. The Court heard arguments in February 2019. The provided text of the judgment ends before the court's analysis and decision.
Issue of Consideration
Whether teachers appointed on unaided basis can claim transfer to aided posts under Government Circular dated 28.06.2016, and whether the minority institution's autonomy under Article 30(1) of the Constitution overrides such claim.
Case Details
2019 LawText (BOM) (04) 15
Writ Petition No. 1451 of 2017, Writ Petition No. 5389 of 2017, Writ Petition No. 9040 of 2017
S. V. Gangapurwala, A. M. Dhavale
Mr. Ajay S. Deshpande, Mrs. V.N. PatilJadhav, Mr. V. Vivek Dhage, Mr. A.D. Aghav, Mrs. M. A. Kulkarni
Sandeep s/o Babasaheb Chate and 6 others (WP 1451/2017); Shri Vardhaman Sthanakwasi Jain Shrawak Sangh & 9 others (WP 5389/2017); Pradeep S/O Vishwanath Rathod & Vaibhav s/o Shivlal Rathod (WP 9040/2017)
Shri Vardhaman Sthanakwasi Jain Shrawak Sangh & 12 others (WP 1451/2017); State of Maharashtra & 10 others (WP 5389/2017); State of Maharashtra & 3 others (WP 9040/2017)
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Nature of Litigation
Writ petitions challenging termination of unaided teachers and seeking absorption into aided posts, and challenge to rejection of appointments of Shikshan Sevaks.
Remedy Sought
In WP 1451/2017: Sandeep Chate and others sought absorption on aided basis and salary; in WP 5389/2017: Trust and Shikshan Sevaks challenged rejection of their appointments; in WP 9040/2017: Pradeep and Vaibhav Rathod sought similar relief.
Filing Reason
The Education Officer rejected approval for Shikshan Sevak appointments citing non-compliance with MEPS Act; unaided teachers terminated; circular provided for transfer but not given.
Previous Decisions
The Education Officer (Secondary) rejected proposal on 30.03.2017. Termination later withdrawn by management by letter dated 31.01.2019.
Issues
Whether teachers appointed on unaided basis have a legal right to be absorbed into aided posts under the Government Circular dated 28.06.2016?
Whether the minority institution's autonomy under Article 30(1) precludes enforcement of the Government Circular?
Whether the termination of unaided teachers and subsequent withdrawal was valid?
Submissions/Arguments
Sandeep Chate and others argued that their appointments were approved, and under Government Circular dated 28.06.2016 they had legitimate expectation to be absorbed on grant-in-aid basis; they relied on Rule 41(5) of MEPS Rules and claimed salary as per pay scale.
Management contended it is a minority institute with autonomy under Article 30(1); teachers have no right to claim transfer from unaided to aided posts; prerogative of management to fill vacancies; relied on Satimbla Sharma v. St. Paul's Senior Secondary School; management has right to fill grant-in-aid vacancies.
Judgment Excerpts
Government Circular dated 28th June, 2016, in the light of decisions of this Court in several matters referred therein, the Government took a policy decision for approving transfer of Teachers from unaided post to aided post in the same school
the management has right to fill in the vacancies on grantinaid basis
Procedural History
In 2013-14, Sandeep Chate and 7 others appointed as Assistant Teachers on unaided basis. On 28.06.2016, Government Circular issued permitting transfer from unaided to aided posts. On 06.08.2016, Management issued advertisement for 8 Shikshan Sevak posts. Interviews on 12-13.08.2016, Prakash Khabria and 7 others selected. Proposal for approval forwarded on 23.09.2016. Education Officer rejected proposal on 30.03.2017 under Section 5(1) MEPS Act. Management closed 8 unaided divisions and terminated unaided teachers on 12.06.2017. Sandeep Chate and others filed WP 1451/2017. Management and selected Shikshan Sevaks filed WP 5389/2017. Pradeep and Vaibhav Rathod filed WP 9040/2017. By letter dated 31.01.2019, Management withdrew termination and re-posted unaided teachers on honorarium. Matters heard on 20.02.2019 and judgment pronounced on 04.04.2019.
Acts & Sections
- Maharashtra Employees of Private Schools Act, 1977: Section 5(1)
- Maharashtra Employees of Private Schools Rules: Rule 41(5)
- Constitution of India: Article 30(1)
