JUDGMENT

R.V. RAVEENDRAN, J.

1. Leave granted in both the petitions.

2. The Government of Maharashtra by Government Resolution dated 27.4.2000 accorded sanction for implementation of the Shikshan Sevak scheme in all recognized private secondary/higher secondary schools/Junior colleges/B.Ed. colleges, in the state. The said scheme in essence provided for (i) appointment of Shikshan Sevaks for a term of one year on payment of a fixed honorarium, (ii) renewal of such appointment annually, if the work was found to be satisfactory, (iii) absorption of such Shikshan Sevaks into service as teachers on completion of the specified years of service. It provided for constitution of a three member Grievance Redressal Committee (consisting of the concerned Divisional Deputy Director of Education, the Assistant Director and the Education Officer) to consider and decide the grievances relating to selection, appointment, re-appointment or mid-year cancellation of appointment. The scheme provided as follows:

'All the complaints received under the Shikshan Sevak scheme are to be referred to the aforesaid Three Member Committee. This committee will hold monthly meetings and render its decision on the complaints and would inform the same to the concerned. An opportunity to put up the case would be given to the complainant.'

(Emphasis supplied)

3. The Bombay High Court disposed of several writ petitions challenging the said scheme, by order dated 16.8.2000, recording the submission made on behalf of the state government that it would amend the scheme by incorporating the several modifications suggested by the court. While doing so, the High Court also directed the state government to reconstitute the Grievance Redressal Committee with a retired District Judge as Chairman and the Deputy Director and Education Officer (Secondary) of the concerned region as members. The High Court further directed as follows:

'All complaints relating to unsatisfactory work or misconduct etc. will be forwarded to the Committee who shall take decision within 30 days from the date of receipt of record after giving an opportunity to the concerned parties to file their replies so as to avoid prolonged procedure of oral hearing.

All complaints in respect of appointment, termination etc. shall be dealt with only by the Committee constituted above and by no other authority. As the scheme is being implemented on interim basis we direct that no Civil Court shall entertain any suit or application in respect of disputes which are required to be dealt with by the Committee.'

(emphasis supplied)

4. In compliance with the said decision dated 16.8.2000, the State Government by Government Resolution dated 13.10.2000 modified the scheme. Clause (17) of the modified scheme implemented the direction of the High Court regarding the re-constitution of the Three Member Committee and provided that the Committee would function at Mumbai, Aurangabad and Nagpur, the area of jurisdiction of the committees corresponding to the jurisdiction of the benches of High Court at Mumbai, Aurangabad and Nagpur.

5. By order dated 21.6.2001 in subsequent writ petitions, the High Court recorded the following submissions of the State Government:

'The learned Advocate General stated that the State Government will appoint a nine member Grievance Committee and the pending grievances of the Shikshan Sevaks will be referred to the said Grievance Committee. The Committee will be headed by a retired Civil Judge, Sr. Division, who will be appointed in consultation with the Registrar of this Court. The learned Advocate General assured the Court that the appointment of the Committee member will be notified within a period of six weeks from today. He also stated that the Member of the Grievance Committee will be given salary and emoluments as paid to the member of the School Tribunal and necessary infrastructure will also be provided. He stated that the Committee will hold the proceedings in Mumbai, Aurangabad and Nagpur to c