AZMATUNNISA ABDUL KHALIQUE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. By consent, heard forthwith.

(2.) The short question which arises for consideration in this Petition is whether the Grant-in-Aid Code for primary schools in Greater Mumbai has statutory force and is enforceable and or are merely administrative instructions, which do not give rise to an enforceable right in the teacher and consequently a writ petition for enforcement of the instructions is not maintainable.

(3.) The petitioner, admittedly, is a teacher working with the Usmania Urdu Primary School, which is a recognised Primary school by the Municipal Cororation, but not aided. The case of the petitioner is that as a recognised School she is entitled to the salary as made applicable by the Mumbai Municipal Corporation to recognised aided schools. The petitioner however, is paid a paltry amount of Rs.1,000/-. The case of the petitioner is that the respondents should be directed to pay to the petitioner the salary which the petitioner is entitled to according to the provisions of the Grant-in-Aid Code. There are some averments to the effect that the petitioner is not being allowed to perform her services in the School.