A rule or provision that confers unguided and uncontrolled discretion in the Management to grant or withhold permission to teachers for contesting elections, without providing definite guiding principles or standard for such selection, is violative of the guarantee of equality under Article 14 of the Constitution of India.

Headnote:
CONSTITUTIONAL LAW - ARTICLE 14 - MAHARASHTRA EMPLOYEES OF PRIVATE SCHOOLS (CONDITIONS OF SERVICE) RULES, 1978 - RULE 42(2) - REQUIREMENT OF PRIOR PERMISSION FROM MANAGEMENT TO CONTEST ELECTIONS - VIOLATIVE OF ARTICLE 14 - UNCONTROLLED AND UNGUIDED DISCRETION TO MANAGEMENT - NO DEFINITE GUIDING PRINCIPLES OR STANDARD FOR SELECTION - ARBITRARY AND DISCRIMINATORY.
Fact of the Case:

Bombay University and College Teachers' Union challenged the constitutional validity of sub-rule (2) of Rule 42 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1978, which required teachers to obtain prior written permission from the Management to contest elections to public offices, other than University Senate and the Maharashtra Legislative Council.
Finding of the Court:

The Court held that the impugned provision of Rule 42 was violative of Article 14 of the Constitution of India as it conferred unguided and uncontrolled power in the Management to grant permission to some and refuse to others, without any definite guiding principles or standard for selection.
Issues: 1. Whether the requirement of prior permission from the Management in writing for contesting elections other than the election to University Senate or the Maharashtra Legislative Council is violative of Article 14 of the Constitution of India? 2. Whether the provision in the aforesaid rule requiring previous permission from the Management for contesting elections is ultra vires of the rule-making power of the State Government?
Ratio Decidendi: 1. The Court observed that the impugned rule left the Management with uncontrolled and unguided discretion to grant or withhold permission to teachers, without providing any definite guiding principles or standard for such selection, thereby rendering it discriminatory and violative of Article 14 of the Constitution. 2. The Court further held that the requirement of prior permission from the Management was not ultra vires the rule-making power of the State Government as it fell within the ambit of "disciplinary matters" as contemplated under Clause (e) of section 16 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1978.
Final Decision: The Court struck down the stipulation in sub-rule (2) of Rule 42 which required teachers to obtain prior written permission from the Management to contest elections to public offices, other than the University Senate and the Maharashtra Legislative Council, as unconstitutional.

JUDGMENT - G.H. GUTTAL, J.:---In this writ petition under Article 226 of the Constitution of India, the Bombay University and College Teachers' Union impugns the constitutional validity of sub-rule (2) of Rule 42 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules-the Rules for short made under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1978 hereinafter referred to as the Act.

2. The petitioners have stated in the petition that their Organisation is wedded to protect the interest of junior and senior college teachers and that the impugned Rule affects teachers all over Maharashtra. They also make a grievance that Rule 42 makes it impossible for the members of the petitioners-Union to contest election to any public body without seeking permission from the Management and that all elections to Corporation, Zilla Parishad, and Gram Panchayat etc. are due to be held in the very near future. They apprehend that powers under the said Rule are likely to be abused and the members of the Union are, thereby, likely to be subjected to unfair discrimination. The petitioners-Union, as an organized Association, has filed this petition in the interest of its members, generally, who are likely to face hostile discrimination in the exercise of powers by the Managements of different institutions. Although, therefore, the petition is not directed against any particular action of the Management of a particular institution, nor any specific cause of action has been pleaded, yet having regard to its representative character, we have heard it on merits. Moreover, the respondent No. 2 Maharashtra Rajya Shikshan Sanstha Sanchalay Sangh Mahamandal, has been joined to the petition making the representative character broad based. Such a petition can be entertained under Article 226 of the Constitution, more particular as violation of Articles 14, 16 and 19 of the Constitution of India is complained of. Hence was proceed to examine the merits of the case.

3. The points have been urged:

(i) Sub-rule (2) of Rule 42 in so far as it requires teachers to secure "previous permission of the Management in writing" for contesting elections to public offices, other than University Senate and the Maharashtra Legislative Council, leaves uncontrolled and unguided discretion in the Management in the matter of granting such permission to teachers and, therefore, is violative of the guarantee of equality under Article 14 of the Constitution of India.

(ii) The provisions in the aforesaid rule requiring previous permission from the Management for contesting elections is ultra vires of the rule making power of the State Government.

4. It will we useful to understand certain provisions of the Act and the Rules relevant for considering the two points.

The object of the Act is two fold.

Firstly, to regulate the recruitment and conditions of service of employees in certain private schools in the State with a view to providing such employees security and stability of service consistent with their duties towards the pupils and the institutions.

Secondly to further the public interest by laying down the duties and functions of the employees of the schools in order to ensure their accountability to the Management and improve the standard of education (Preamble).

"Management" in relation to a school means, in the case of a school administered by the Government, the Department of Government and, in the case of a school administered by a local authority, the local authority. However, there are schools run by individual/s or bodies of individuals. In respect of such schools, Management means the person or body of person administering the schools [Section 2(12)] of the Act. Employees, including teachers, are governed by the Act and the Rules which provide for the Code of Conduct the violation of which renders the teacher liable to disciplinary action [Section 4(2) of the Act]. There is specific provision against an employee

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Judicial Analysis