Case Note & Summary
The petitioner, Ramdas Shankar Nighot, claimed to have worked as a teacher in a Tribal School (Ashram Shala) run by Respondent No.1 institution at Village Phulwade, Taluka Ambegaon, District Pune. He possessed B.A., B.Ed. qualifications but lacked the Diploma in Education required for primary school teachers. He alleged that he worked from 12th June 1996 to 6th July 1999 without receiving any salary, as the school was not receiving grants. He was not allowed to work from 6th July 1999, leading him to file an appeal under the Maharashtra Employees of Private Schools (Condition of Service) Regulation Act, 1977 before the School Tribunal. The Tribunal allowed his appeal on 21st November 2001. However, the Respondent Management filed a writ petition, and minutes were signed directing the petitioner's reinstatement from 1st March 2004 and permitting him to file an appeal before the Competent Authority for Tribal Schools. The petitioner then filed the present writ petition seeking salary for the period he worked without pay. The Court examined whether the Tribal School was a private school under the Act. Relying on the settled position that Ashram Shalas/Tribal Schools are not private schools, the Court held that the School Tribunal had no jurisdiction. Consequently, the Tribunal's order and the minutes of order were set aside. The petition was dismissed, and the petitioner was directed to pursue his remedy before the Competent Authority for Tribal Schools.
Headnote
A) Service Law - Jurisdiction of School Tribunal - Ashram Shala/Tribal School not a private school - Maharashtra Employees of Private Schools (Condition of Service) Regulation Act, 1977 - The issue was whether a Tribal School (Ashram Shala) is a private school under the Act. The Court held that such schools are not private schools and therefore the School Tribunal had no jurisdiction to entertain the appeal. The order of the Tribunal was set aside. (Paras 3-6)
B) Service Law - Reinstatement and Back Wages - Petitioner not entitled to salary for period when no grants were received - The petitioner claimed salary for the period he worked without pay. The Court held that since the school was not receiving grants, the petitioner was not entitled to salary for that period. The minutes of order directing reinstatement were set aside. (Paras 3-6)
Issue of Consideration
Whether an Ashram Shala/Tribal School is a private school under the Maharashtra Employees of Private Schools (Condition of Service) Regulation Act, 1977, and whether the School Tribunal had jurisdiction to entertain the petitioner's appeal.
Final Decision
The petition is dismissed. The order of the School Tribunal dated 21st November 2001 and the minutes of order dated 20th February 2004 in Writ Petition No.8694 of 2004 are set aside. The petitioner is at liberty to pursue his remedy before the Competent Authority for Tribal Schools.
Law Points
- Ashram Shala/Tribal School is not a private school under Maharashtra Employees of Private Schools (Condition of Service) Regulation Act
- 1977
- School Tribunal has no jurisdiction over such schools
- Petitioner not entitled to salary for period when no grants were received
Case Details
2005 LawText (BOM) (08) 214
Writ Petition No. 9229 of 2004
H.L. Gokhale, Mrs. R.S. Dalvi
Mr.U.B. Nighot for the Petitioner, Mr.Kiran Bapat for Respondent No.1, Mrs. M. Thakur, A.G.P. for Respondents Nos.2 to 4
Dnyandeep Adivasi Seva Mandal Phulawade and others
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Nature of Litigation
Writ petition challenging the order of the School Tribunal and seeking salary for the period the petitioner worked without pay in a Tribal School.
Remedy Sought
The petitioner sought a direction for payment of salary for the period he worked without pay and for reinstatement.
Filing Reason
The petitioner claimed he worked in a Tribal School from 12th June 1996 to 6th July 1999 without salary and was not allowed to work thereafter. He filed an appeal before the School Tribunal which was allowed, but the management challenged it. The petitioner then filed this writ petition.
Previous Decisions
The School Tribunal allowed the petitioner's appeal on 21st November 2001. In a subsequent writ petition by the management, minutes were signed on 20th February 2004 directing reinstatement from 1st March 2004 and permitting the petitioner to file an appeal before the Competent Authority for Tribal Schools.
Issues
Whether the Tribal School (Ashram Shala) is a private school under the Maharashtra Employees of Private Schools (Condition of Service) Regulation Act, 1977.
Whether the School Tribunal had jurisdiction to entertain the petitioner's appeal.
Whether the petitioner is entitled to salary for the period he worked without pay.
Submissions/Arguments
The petitioner argued that he worked in the school and was entitled to salary and reinstatement.
The respondent management contended that the school is a Tribal School/Ashram Shala and not a private school under the Act, hence the School Tribunal had no jurisdiction.
Ratio Decidendi
An Ashram Shala/Tribal School is not a private school under the Maharashtra Employees of Private Schools (Condition of Service) Regulation Act, 1977. Therefore, the School Tribunal has no jurisdiction to entertain appeals from employees of such schools. The petitioner is not entitled to salary for the period when the school was not receiving grants.
Judgment Excerpts
The Petitioner herein claims to have been working in the Tribal School run by Respondent No.1 institution at Village Phulwade, Taluka Ambegaon, District Pune.
It is the further case of the Petitioner that he was not allowed to work from 6th July 1999.
However, in view of the view taken by the High Court that an Ashram Shala or a Tribal School is not a private school, when a writ petition was filed by the 1st Respondent Management, minutes were signed by the parties therein.
Procedural History
The petitioner filed an appeal before the School Tribunal under the MEPS Act, 1977, which was allowed on 21st November 2001. The management filed a writ petition (W.P. No.8694 of 2004) challenging the order, and minutes were signed on 20th February 2004 directing reinstatement from 1st March 2004 and permitting the petitioner to file an appeal before the Competent Authority for Tribal Schools. The petitioner then filed the present writ petition seeking salary for the period he worked without pay.
Acts & Sections
- Maharashtra Employees of Private Schools (Condition of Service) Regulation Act, 1977:
