Case Note & Summary
The petitioners, Maratha Samaj Seva Mandal and Chhatrapati Shivaji Night College of Arts & Commerce, Solapur, challenged the judgment and order dated 6th October 1993 passed by the School Tribunal in Appeal No.61 of 1992. The Tribunal had declared respondent no.1, Mrs. Rajani Rajan Dixit, as a Full Time Teacher in respect of Chhatrapati Shivaji Night Junior College of Arts and Commerce, Solapur. The petitioners contended that since the institution was a night junior college, classes were conducted only for two and a half hours per day, and therefore, teachers appointed in such colleges were not entitled to be declared as Full Time Teachers or to the regular pay scale meant for full time teachers. They relied on clause 54.3 of the Secondary Schools Code, which states that night high schools should meet for two and a half or three hours per day, and on an unreported Division Bench decision of this Court in Maratha Samaj Seva Mandal, Solapur and another vs. Madhukar Sadashiv Vyawahare and others (Writ Petition No.467 of 1993 decided on 24th March 2006). The High Court observed that the School Tribunal had apparently not considered the provisions of clause 54.3 of the Secondary Schools Code while dealing with the matter. The Court noted that clause 54.3 provides that night high schools should meet for two and a half or three hours per day, and clause 8 of Chapter-I of the Code contains definitions. The Court found that the Tribunal had not considered the relevant provisions and the Division Bench decision. Consequently, the High Court set aside the impugned order and remanded the matter to the School Tribunal for fresh consideration in accordance with law, specifically directing the Tribunal to consider clause 54.3 of the Secondary Schools Code and the Division Bench decision. The petition was disposed of accordingly.
Headnote
A) Education Law - Full Time Teacher - Night Junior College - Secondary Schools Code, Clause 54.3 - The issue was whether a teacher in a night junior college, with classes of only two and a half hours duration, could be declared a Full Time Teacher. The School Tribunal had declared the respondent as a Full Time Teacher. The High Court, relying on a Division Bench decision in Maratha Samaj Seva Mandal v. Madhukar Sadashiv Vyawahare, held that the Tribunal had not considered clause 54.3 of the Secondary Schools Code, which provides that night high schools should meet for two and a half or three hours per day. The Court set aside the Tribunal's order and remanded the matter for fresh consideration in light of the said clause and the Division Bench decision. (Paras 1-4)
Issue of Consideration
Whether a teacher employed in a night junior college, which conducts classes for only two and a half hours per day, can be declared a Full Time Teacher and entitled to regular pay scale.
Final Decision
The High Court set aside the impugned order of the School Tribunal dated 6th October 1993 and remanded the matter to the School Tribunal for fresh consideration in accordance with law, specifically directing the Tribunal to consider clause 54.3 of the Secondary Schools Code and the Division Bench decision. The petition was disposed of.
Law Points
- Interpretation of clause 54.3 of Secondary Schools Code
- Definition of Full Time Teacher
- Night Junior College teachers entitled to full-time status
