Case Note & Summary
The petitioner, Latika Rajaram Mane, was appointed as an Assistant Teacher in the Primary Section of the Fifth Respondent school on 18 June 1984 and promoted to Headmistress on 17 October 1994. On 2 August 2004, the management issued a show cause notice, followed by a statement of allegations on 1 October 2004 and a formal charge sheet on 20 November 2004. The petitioner denied the allegations. An Enquiry Committee found the charges proved, and the petitioner was terminated from service on 7 August 2005. She appealed to the School Tribunal at Kolhapur on 2 September 2005. The Tribunal dismissed the appeal on 21 January 2012, holding it had no jurisdiction because the school was governed by the Bombay Primary Education Act, 1947, and relied on the Full Bench decision in Komal Rugwani v. State of Maharashtra, which held that primary schools under the 1947 Act are not 'recognised schools' under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act). The petitioner challenged this order by way of a writ petition. The High Court considered the effect of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), which came into force on 1 April 2010. The RTE Act overrides the Bombay Primary Education Act, 1947 by virtue of Section 21. The State Government framed the Maharashtra Right of Children to Free and Compulsory Education Rules, 2011, which define 'school' to include primary schools and require them to be recognised. Consequently, the exclusion of primary schools from the MEPS Act based on the 1947 Act is no longer valid. The Court held that after the RTE Act, primary school teachers can appeal to the School Tribunal under the MEPS Act. The impugned order of the Tribunal was set aside, and the appeal was restored to the Tribunal for hearing on merits. The writ petition was allowed.
Headnote
A) Education Law - Jurisdiction of School Tribunal - Primary School Teachers - Bombay Primary Education Act, 1947 - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Right of Children to Free and Compulsory Education Act, 2009 - The issue was whether the School Tribunal under the MEPS Act has jurisdiction over appeals by primary school teachers governed by the Bombay Primary Education Act, 1947. The Full Bench in Komal Rugwani held that primary schools under the 1947 Act are not 'recognised schools' under the MEPS Act, thus no jurisdiction. However, the RTE Act 2009, which overrides the 1947 Act, defines 'school' to include primary schools, and the State Rules made under the RTE Act treat such schools as recognised. Held that after the RTE Act, the School Tribunal has jurisdiction over appeals by primary teachers. (Paras 3-10) B) Education Law - Overriding Effect - RTE Act 2009 - Bombay Primary Education Act, 1947 - Section 21 of the RTE Act 2009 provides that the Act shall have effect notwithstanding anything inconsistent in any other law. The RTE Act and the State Rules made thereunder bring primary schools within the definition of 'school' and require them to be recognised. Consequently, the exclusion of primary schools from the MEPS Act based on the 1947 Act is no longer valid. Held that the RTE Act overrides the 1947 Act, and primary school teachers can appeal to the School Tribunal. (Paras 7-10)
Issue of Consideration
Whether the School Tribunal constituted under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 has jurisdiction to entertain an appeal filed by a teacher of a primary school governed by the Bombay Primary Education Act, 1947, in light of the Right of Children to Free and Compulsory Education Act, 2009.
Final Decision
The impugned order of the School Tribunal dated 21 January 2012 is set aside. The appeal is restored to the file of the School Tribunal for hearing and disposal on merits. The writ petition is allowed. Rule made absolute accordingly.
Law Points
- Jurisdiction of School Tribunal
- Primary School Teachers
- Bombay Primary Education Act 1947
- MEPS Act 1977
- RTE Act 2009
- Overriding Effect
- Recognised School
