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D.K.DESHMUKH, ANOOP V.MOHTA, R.V.MORE
Tanaji Madhukar Barbade – Appellant
Versus
State of Maharashtra – Respondent
Key Points: - Government Resolution dated 15th April, 1991 cannot be applied to teaching and non-teaching staff in recognised private schools governed by MEPS Act and Rules. (!) - Schedule 'F' to the MEPS Rules does not provide for promotion to the post of junior clerk; it provides a preference to lower grade staff in making appointment to junior clerk and laboratory assistant. (!) - The Act grants rule-making power to specify promotion conditions for private school employees; Government Resolution cannot substitute these rules. (!) - Private schools are governed by MEPS Act and Rules; promotions are to be regulated as per prescribed rules, not via Government Resolution. (!) (!) - The vacancy filling in private schools must be in the manner prescribed by the Act and Rules, including provisions for publicity and absorption, not by unilateral promotion. (!) (!) - Schedule 'F' interplay with Schedule 'B' can imply promotion from lower cadre to junior clerk, but the court held that Schedule 'F' provides only preference, not an exclusive right to promotion. (!) (!) (!) (!) - The question referred by the court includes whether Government Resolution is valid and whether Schedule 'F' provides promotion or mere preference. (!)
(D.K.DESHMUKH, J.) : Two questions which have been referred to us for decisions are, (i) Whether the Government Resolution dated 15th April, 1991 is valid in view of the provisions in the MEPS Act and Rules framed thereunder? & (ii) Whether Schedule `F' to the Rules Kambli 2 Wp1688.10 issued under the Act provides for promotion or it provides merely a preference to be given in appointment?
2. These questions arise in following factual background, The Respondent No.4-Shri Shivaji Shikshan Prasarak Mandal has established a junior college at Barshi. It is an admitted position before us that the said junior college is a private school within the meaning of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (hereinafter referred to as the "Act"). The Petitioner was appointed as a peon in the Respondent No.5-Junior College with effect from 29th April, 1994. The post of Junior clerk in the said college became vacant in August, 2003. By order dated 31st March, 2008 the Respondent No.4 promoted Kambli 3 Wp1688.10 the Petitioner to the post of junior clerk with effect from 1-4-2008. The Petitioner joined the post on 1-4-2008. The Respondents Nos.
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