SHRIKANT NARAYAN KULKARNI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioners in all the above petitions have impugned the Government Resolution dated 2nd January, 2002 and have also sought a declaration that Schedule-F to the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (hereinafter for the sake of brevity referred to as 'the Act of 1977') is not applicable to the petitioners.

(2.) SHORN of unnecessary details, a few facts may be stated thus:-

(3.) IT appears that a writ petition came to be filed before the Nagpur Bench of this Court being Writ Petition No. 916 of 1998 wherein the substantive relief sought was the implementation of the G.R. dated 28th February, 1998 which provided for reckoning of seniority from the date that the teacher obtained the teaching qualification. In the said writ petition, a review petition came to be filed in which an order came to be passed by a Division Bench of this Court on 6th November, 2001 by which order the State Government was directed to implement the G.R. dated 20th February, 1998 by ignoring the subsequent G.R. dated 10th March, 1998. This Court further directed that the order should be implemented forthwith and would be in force till the Government takes a decision to withdraw the impugned G.R. It appears that in consonance with the directive as contained in the said order dated 6th November, 2001, the State Government issued a fresh G.R. dated 2nd January, 2002 by which it was, inter alia, provided that the seniority for appointment to the post of Vice-Principal would be reckoned from the date of the teacher acquiring the teaching qualification i.e. B.Ed. or Diploma or Certificate in Teaching. Apprehending that adverse action would be taken against the petitioners inasmuch as they would be reverted back to their original posts that the petitioners have filed the above petitions challenging the said G.R. dated 2nd January, 2002.