NAILA JAN MOHAMMED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE , returnable forthwith. Respondents waive service. By consent, petition is taken up for final hearing.

(2.) THE petitioner is B.A., B.Ed. She passed her B.A. examination in March 1995 in second class. She joined B.Ed. course of two years and passed in March 1997 in second class. She served as an Asstt. Teacher on a temporary basis during the period June 1997 to April 1998. On 13.6.1999 the petitioner was appointed as an Asstt. Teacher in Anjuman Behrul Uloom Urdu High School, Govandi, Mumbai, on probation for a period of two years. The petitioner started teaching in the school right from the date of her appointment from 14.6.1999 and worked upto 31.1.2000 i.e. for eight months, but was not paid salary. Thereafter, she was served with an office order dated 29.1.2000 informing her that she was not eligible for the said post as per the letter dated 10.1.2000 of the Education Inspector, Greater Mumbai, and thereupon her services were terminated with immediate effect.

(3.) WE have heard this matter on 3.5.2001 and we directed the management to reinstate the petitioner with immediate effect and, accordingly, she has been reinstated. In our view, in the facts and circumstances of the case, rule 57 annexure (63) of the Secondary School Code is not applicable. In the first place, the rule contemplates only B.A. degree whereas the petitioner has also passed B.Ed. examination. The petitioner is teaching English to Standards VIII, IX and X, which was one of her subjects in B.Ed. examination. In the circumstances, we quash and set aside the letter dated 10.1.2000 issued by the Education Inspector. The petitioner is already reinstated in service and she has been paid her salary according to rules. We direct the authorities to release the salary grant in respect of the arrears of the petitioner's salary for the period from 14.6.1999 to 31.1.2000 within a period of eight weeks.