The Government Resolution and Corrigendum cannot have the effect of amending the provisions of the Rules and the Schedule prescribed there under, and such criteria cannot be made applicable to the recruitment to the posts of teachers in Private Schools governed by the MEPS Act and the Rules framed there under.

JUDGMENT :

R.K. Deshpande, J.

Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.

2. The challenge in this petition is to the Government Resolution dated 7-2-2019 along with the Corrigendum dated 25-2-2019, which prescribes the criteria of having 50% marks at the qualifying graduate or post-graduate examination for appointment to the posts of teachers to teach Standards IX to XII in the Private Schools governed by the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act) and the Rules framed there under.

3. The minimum qualifications for appointment to the posts of teachers in the Private Schools are governed by the provisions of sub-rules (1) and (2) of Rule 6 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (MEPS Rules), dealing with the qualifications of teachers and non-teaching staff, which are reproduced below :

6. Qualifications of teachers and non-teaching staff.--

(1) The minimum qualifications for the posts of teachers and the non-teaching staff in the primary schools, secondary schools, higher secondary schools, junior colleges and junior colleges of education shall be as specified in Schedule 'B'.

(2) The Government or the agency authorized by the Government shall conduct the Eligibility Test and Aptitude Test for the appointments of the teachers or shikshan sevaks for standard I to VII and Aptitude Test for the appointments of teachers or Shikshan Sevaks for standard IX to XII in the private aided schools, partially aided schools and schools eligible for grant-in-aid, from time to time.

Part II in Schedule 'B' deals with the qualifications for trained teachers in Secondary Schools and Junior Colleges of Education. A trained graduate teacher means one who possesses a Bachelor's degree in Teaching or Education of any statutory University or a qualification recognized by the Government as equivalent thereto along with a professional certificate, a diploma or a degree recognized by the Department which qualifies him for a teaching post in a School. A full-time teacher in Junior College means a teacher who possesses a Master's degree of a statutory University in second class in the respective subjects plus B.Ed., or a Diploma or a Certificate in Teaching, approved by the Department. It is only after possessing these qualifications for appointment to the teaching posts in Standards IX to XII that a person becomes eligible to appear for the Eligibility Test and Aptitude Test, as prescribed in sub-rule (2) of Rule 6, reproduced above.

4. The petitioners, who are desirous of getting recruited to the posts of teachers in Private Schools to teach Standard IX to XII, satisfy the criteria of minimum qualifications prescribed under sub-rules (1) and (2) of Rule 6 read with Schedule 'B'. All of them possess either graduate or post-graduate degree in second class and had appeared for the Teacher's Aptitude and Intelligence Test (TAIT) conducted as per the Government Resolution dated 23-6-2017, as was modified on 7-2-2019, keeping in view the decision rendered by this Court on 21-1-2018 in Writ Petition No.5059 of 2018 during 12-12-2017 to 21-12-2017. The results of these examinations were declared on 1-3-2018.

5. It is not in dispute that about 12,140 posts of teachers to teach Standards IX to XII were advertised on the 'PAVITRA' Portal during 22-2-19 to 8-3-2019, out of which 8,020 posts were available in the Schools run by Nagar Parishad, Mahanagar Palika and Zilla Parishad, whereas 3,060 posts were in the Private Aided Schools. The petitioners are held to be ineligible to apply for these posts by providing access to the 'PAVITRA' Portal on the ground that by the Government Resolution dated 7-2-2019 read with the Corrigendum dated 25-2-2019, the criteria of having 50% marks at the graduate or post-graduate level is prescribed under Schedules 'C' and 'D', appended to the said Government R