BIPINCHANDRA DUBEY Vs. SANT KAWARRAM SHIKSHAN PARISHAD GONDIA

JUDGEMENT

(1.) The petitioners have approached this Court for a direction to respondent No. 4/Education Officer to consider Fifth to Seventh Standard classes of respondent No. 2/School as attached to the Primary School and give all the benefits accordingly. The petitioners were untrained teachers who were initially appointed in the Primary School. When the Primary School was started, the Middle school and the Secondary school were already functioning. When the petitioners were appointed, the middle school classes were attached to the Primary School. However, later on, it seems that the Education Officer treated the Middle school classes as attached to the Secondary School classes. The respondent/Management, apparently, refused to allow the petitioners to undergo course for training qualification so that the petitioners can be treated as qualified by virtue of 2nd proviso to Rule 6 of the Maharashtra Employees of Private Schools Rules, 1981, which reads as follows :

(2.) When the petition was filed, a prayer was made to direct the respondent/School to do all necessary acts to safeguard services of the petitioners. However, it appears that, during pendency of the petition, the services of petitioner No. 1 only were terminated by the respondent/Management as petitioner No. 2 had abandoned his services.

(3.) It is not available to the petitioner to contend that he should not be relegated to the alternate remedy because the petition has been pending in this regard since 1993. The petitioner's services were terminated apparently sometime in the year 2008 i.e. the period when the amendment was prayed for and allowed. Hence, the principle that a party should not be relegated to an alternate remedy if the petition has been pending for a long time does not apply to the present petition. In any case, we are of the view that the appropriate remedy available to the petitioner is to file an appeal under section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. Accordingly, the petition is dismissed. Rule is discharged.