The Exception to Rule 82.1 of the Secondary Schools Code is applicable only to teachers who were in service in a recognized non-Government Secondary School in Vidarbha region and were protected under the M.P. Education Act, 1951 and the Secondary Schools Code framed thereunder.

Headnote:
RETIREMENT AGE - SECONDARY SCHOOLS CODE - RULE 82.1 - EXCEPTION - APPLICABILITY - TEACHER IN VIDARBHA REGION CONFIRMED IN SERVICE PRIOR TO 31.12.1965 - SCHOOL CONDUCTING CLASSES FROM 1ST TO 7TH STANDARD - NOT COVERED BY SECONDARY SCHOOLS CODE - NOT ENTITLED TO EXTENDED AGE OF RETIREMENT OF 60 YEARS.
Fact of the Case:

The petitioner, a teacher in a Zilla Parishad School in Washim, sought to retire at the age of 60 years, claiming protection under the Exception to Rule 82.1 of the Secondary Schools Code applicable in Maharashtra. The Zilla Parishad, however, sought to retire him at the age of 58 years, contending that the age of retirement for its employees, including teachers, was 58 years.
Finding of the Court:

The court held that the petitioner was not entitled to the extended age of retirement of 60 years under the Exception to Rule 82.1 of the Secondary Schools Code because the school in which he was confirmed conducted classes from 1st to 7th standard, which were treated as classes imparting primary education. The court found that the said school did not prepare candidates for the examination of the Board as contemplated by the Regulation framed under the M.P. Education Act, 1951, and was not recognized under the Regulations framed for recognition under the said Act.
Issues: Whether the petitioner was working in a recognized non-Government Secondary School within the meaning of the Exception to Rule 82.1 of the Secondary Schools Code and was protected under the M.P. Education Act, 1951 and the Secondary Schools Code framed thereunder.
Ratio Decidendi: The court held that the Exception to Rule 82.1 of the Secondary Schools Code was intended to protect the age of retirement of teachers in the Vidharbha Region who were erstwhile governed by the M.P. Education Act, 1951 and the Secondary Schools Code framed thereunder, wherein the age of retirement was 60 years. However, the court found that the petitioner's school did not fall within the definition of a recognized non-Government Secondary School under the M.P. Education Act, 1951 and the Secondary Schools Code framed thereunder, as it conducted classes from 1st to 7th standard, which were considered primary classes, and did not prepare candidates for the examination of the Board.
Final Decision: The court dismissed the petitioner's writ petition, holding that he was not entitled to the extended age of retirement of 60 years under the Exception to Rule 82.1 of the Secondary Schools Code.

JUDGEMENT - H.W. DHABE, J.---Parties by counsel. Rule heard forthwith.

2. The petitioner is working in Zilla Parishad School, Washim. He is sought to be retired at the age of 58 years which according to the Zilla Parishad, is the age of the retirement for its employees including the teachers working in its school. The petitioner claims that his age of retirement should be 60 years as per the Exception to Rule 82.1 of the Secondary Schools Code applicable in the State of Maharashtra because he was teacher working in the Vidarbha Region and was confirmed in service prior to 31.12.1965. It is by now well settled that the above exception to Rule 82.1 of the Secondary Schools Code, intends to protect the age of retirement of the teachers in the Vidharbha Region who were erstwhile governed by the M.P. Education Act, 1951 and the Secondary Schools Code framed thereunder wherein the age of retirement was 60 years. It is clear from the exception to Rule 82.1 that it is applicable to a teacher who was in service in a recognised non-Government Secondary School in Vidarbha region.

3. The question which arises for consideration in this writ petition is whether the petitioner was working in the recognised non-Governments Secondary School within the meaning of the said expression and was protected under the M.P. Education Act, 1951 and the Secondary Schools Code framed thereunder. The petitioner was admittedly working in the School run by the erstwhile Janpath Sabha which became the Zilla Parishad after the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 came into force. The said School conducted the classes from 1st to 7th standard. The submission on behalf of the petitioner is that he was taking middle school classes i.e. 5th to 7th standards and, therefore, he is covered under the Secondary Schools Code framed under the M.P. Education Act, 1951.

4. Before we refer to the relevant provisions, we may state that the question what 'Primary Education' means arose for consideration in Writ Petition No. 1591 of 1991 decided on 21.7.1989. This Court appointed Mr. Habibuddin Ahmed, Assistant Government Pleader, as amicus curiae to inquire into the exact position about the same. He informed this Court that primary education means education from Class 1st to VIIth standard. On the basis of the above statement, it was held by this Court in the said petition that the petitioner therein was not entitled to the benefit of the proviso to rule 17 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 framed under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. It was thus held that the petitioner was not entitled to the benefit of extended age of superannuation upto 60 years.

6. To enlighten us, we have taken assistance of Shri Ahmed, A.G.P. again and he had been kind enough to make available his services. He has drawn our attention to Regulation 14 of the Schools Code framed under the M.P. Education Act, 1951 to show that the only schools which are covered are Indian English Middle Schools and the Middle Schools attached to the High Schools. On the question what constitutes primary education, it would be useful to refer to the Government Resolution No. PTP 1070-F dated 22-10-1970 issued by the Education Sports and Social Welfare Department of the State Government Zilla Parishad where the primary schools have been considered as schools in which the classes are conducted from 1st to VIIth standards.

7. The learned Counsel for the petitioner has brought to our notice para 2 of Chapter I of the C.P. Bearer Education Manual to show that there were three categories of schools recognised thereunder viz. (i) primary schools (ii) middle schools an (iii) High Schools. Further, according to him, the category of the middle schools was divided into two categories viz. (i) Indian Middle Schools and (2) Indian English Middle Schools. The question, however, is whether the Middle School as s

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