The qualifications for teachers in schools run by the Municipal Council are governed by the Bombay Primary Education Act and the Secondary Schools Code, and the M.E.P.S. Act does not apply to such schools.

JUDGMENT - KARNIK D.G., J.:---The Nanded Municipal Council, which has been converted into Municipal Corporation with effect from 25th March, 1997, runs several schools within the city of Nanded. The Divisional Revenue Commissioner and the Regional Director of Municipal Administration, Aurangabad, under which fell the Municipal Council, Nanded, was pleased to accord sanction for creation of 3 posts of Head Masters alongwith certain other posts of Assistant Teachers, Peons, Chowkidars, etc. in the primary schools run by the Municipal Council, Nanded, vide letter dated 16th June, 1984. The qualifications required for the post of Head Master of the school as laid down in the said letter was B.A.B.Ed. The petitioner who possessed the required qualification of B.A.B.Ed. was selected and appointed as Head Master of Sangamwadi Primary School run by the respondent No. 4 on 18th June, 1984. The Deputy Director of Education, who is the respondent No. 2 herein, on 6th February, 1991 granted approval to the appointment of the petitioner, but as an untrained teacher, from the date of his appointment and the petitioner was directed to pass the D.Ed. course within a period of five years. The Education Officer, who is the respondent No. 3 herein, on the basis of the letter of the Deputy Director of Education dated 6th February, 1991, also granted approval to the appointment of the petitioner as an untrained teacher on the condition that the petitioner should complete the D.Ed. course within a period of five years. Relying on the said two communications, the Chief Officer, Municipal Council, Nanded, who is the respondent No. 4 herein, issued a letter dated 27th March, 1991, to the petitioner informing the petitioner that he should pass D.Ed. course within a period of five years and that as the petitioner did not possess the D.Ed. qualification, he would be treated as an untrained teacher and would be entitled to get salary only as an untrained teacher and not as the trained teacher.

2. In this petition, the petitioner has challenged the letter dated 27th March, 1991, issued by the respondent No. 4 in pursuance of the directions issued by the respondents Nos. 1 2. Shri S.R. Barlinge, the learned Counsel for the petitioner, urged the following points in support of the petition.

(i) The provisions of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (for short M.E.P.S. Act) and the Rules framed thereunder, namely the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (for short the M.E.P.S. Rules) are not applicable to the schools run by the Municipal Council and, therefore, the qualifications prescribed under the M.E.P.S. Rules for the appointment of an Assistant teacher or a Head Master do not apply to such schools. Consequently, the respondents Nos. 2 and 3 had no power to direct the respondent No. 4 to treat the petitioner as an untrained teacher. The Divisional Revenue Commissioner and the Regional Director of Municipal Administration who created and sanctioned the posts of Head Masters in the schools run by the respondent No. 4, only was the Competent Authority to prescribe the qualifications for the post of the Head Master. As the Commissioner the Regional Director had prescribed B.A.B.Ed. as the requisite qualification for the post of the Head Master and the petitioner did posses the same, he cannot be treated as an untrained teacher.

(ii) Assuming without admitting that the provisions of the M.E.P.S. Act and the M.E.P.S. Rules are applicable, the school in which the petitioner was appointed was not the primary school because the petitioner was attached to that part of the school which runs the classes between standards 5th and 7th. Even according to the Government Resolution dated 14-11-1979, in respect of the schools conducting classes between standards 5th and 7th, 75% of the teachers should possess S.S.C. D.Ed. qualification and 25% of the teachers should be graduates with

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