Case Note & Summary
The petitioners, three individuals, filed a writ petition challenging a Government Resolution dated 7-2-2019 and a Corrigendum dated 25-2-2019 issued by the State of Maharashtra. The resolution prescribed that candidates must have obtained 50% marks at the qualifying graduate or postgraduate examination to be eligible for appointment as teachers for Standards IX to XII in private schools governed by the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act) and the Rules framed thereunder. The petitioners argued that the Government Resolution was ultra vires the rule-making power under Section 16 of the MEPS Act and contrary to Rule 6 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (MEPS Rules), which specifies the minimum qualifications for teachers in Schedule B. The Court examined the provisions of Rule 6 and Schedule B, noting that the qualifications for trained teachers in secondary schools and junior colleges are specified in Part II of Schedule B, which does not include any requirement of 50% marks. The Court held that the Government cannot, by executive order or Government Resolution, prescribe qualifications that are not found in the statutory rules. The power to prescribe qualifications is delegated to the Government under Section 16 of the MEPS Act, but that power must be exercised by making rules, not by issuing executive instructions. Since the impugned resolution sought to add a requirement of 50% marks, which was not in Schedule B, it was beyond the scope of the rule-making power and therefore invalid. The Court quashed and set aside the Government Resolution and Corrigendum, directing that appointments for teachers for Standards IX to XII shall be governed by the qualifications as prescribed in Schedule B of the MEPS Rules. The petition was allowed with no order as to costs.
Headnote
A) Education Law - Teacher Qualifications - Government Resolution prescribing 50% marks - The Government Resolution dated 7-2-2019 and Corrigendum dated 25-2-2019 requiring 50% marks at graduate or postgraduate level for appointment of teachers for Standards IX to XII in private schools is ultra vires the rule-making power under Section 16 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act) and Rule 6 of the MEPS Rules, 1981. The Court held that the Government cannot by executive order prescribe qualifications beyond those specified in Schedule B of the MEPS Rules. (Paras 2-5) B) Education Law - Delegated Legislation - Executive Instructions - The State Government cannot issue executive instructions to override statutory rules framed under the MEPS Act. The power to prescribe qualifications for teachers is governed by Rule 6 read with Schedule B of the MEPS Rules, and any addition or modification must be by amendment of the rules, not by Government Resolution. (Paras 4-5) C) Education Law - Validity of Government Resolution - The impugned Government Resolution and Corrigendum are quashed and set aside as they are beyond the scope of the rule-making power under Section 16 of the MEPS Act. The Court directed that the appointments of teachers for Standards IX to XII shall be governed by the qualifications prescribed in Schedule B of the MEPS Rules. (Paras 5-6)
Issue of Consideration
Whether the Government Resolution dated 7-2-2019 and Corrigendum dated 25-2-2019 prescribing 50% marks at graduate or postgraduate level for appointment of teachers for Standards IX to XII in private schools governed by the MEPS Act is valid and within the rule-making power of the State Government.
Final Decision
The petition is allowed. The Government Resolution dated 7-2-2019 and Corrigendum dated 25-2-2019 are quashed and set aside. The appointments of teachers for Standards IX to XII shall be governed by the qualifications as prescribed in Schedule B of the MEPS Rules. Rule made absolute. No order as to costs.
Law Points
- Government Resolution cannot override statutory rules
- Rule-making power under Section 16 of MEPS Act is limited to prescribing qualifications
- 50% marks criterion not found in Schedule B of MEPS Rules
