HANMANT BHAGWAT MELAGE ADULT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By way of this Petition filed under Article 226 of the Constitution of India, the Petitioner inter alia seeks a direction to the effect that the Respondents be directed to protect his service as Art Teacher in terms of Rules 26 and 27 of Maharashtra Employees of Private Schools (Condition of Service) Regulation Act, 1977 and Rules 1981, thereby transferring him in any other Aided school meant for handicapped students anywhere in Maharashtra, but preferably in Solapur District. The facts in brief can be stated thus.

(2.) It is the case of the Petitioner that he came to be appointed as an Art Teacher in a regular and permanent vacancy by the Respondent No.4 management. The Petitioner claims to have worked in the said school from 1993 to November, 2000. On 24-11 -2000, the school where the Petitioner was working came to be de-recognised on account of the fact of having not complied with some mandatory provisions as a result of which, the school in question was closed and the Petitioner was rendered jobless. In so far as, the closure of the school on account of de-recognition is concerned, the manner in which, the teachers who were working on permanent basis in such schools are to be dealt with is inter alia covered by the regime of Rule 25-A of the Maharashtra Employees of Private Schools (Condition of Service) Regulation Act, 1977 and Rule, 1981. The said provision is reproduced hereunder:

(3.) In terms of the scheme as postulated in the said Rule 25-A, on closure of school due to de-recognition, the affected employees whose services have been terminated in accordance with sub-rule-(i) on account of de-recognition and are not directly responsible for such de-recognition, are entitled to be included in the waiting list maintained by the Education Officer in the case of Primary and Secondary Schools or by the Deputy Director in the case of Junior Colleges of Education. The concerned authority, therefore, is obligated to recommend the name of such employee to the management of newly open aided school or existing aided school, which are allowed to open additional divisions or classes for appointment.