SAYYAD ISAAQ SAYYAD FARID Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD. Rule. Respondents waive service. Rule made returnable forthwith.

(2.) THE Petitioner was appointed as a Head Master in the Secondary School managed and run by the Respondent No. 3 - Society, purely on temporary basis, for the first time, with effect from 1st July, 1989, under a letter of even date. The petitioner's appointment was continued from time to time and lastly by letter dated 1 st July, 1996. The Petitioner, in the capacity as Head Master, submitted a proposal for appointment of the members of teaching and non - teaching staff in the Secondary School alongwith a proposal for sanction of his appointment as Head Master. The Education Officer, who is Respondent No. 3 herein, by his letter dated 3rd May, 1999, accorded approval for the appointment of all teaching and non - teaching staff members in the Secondary School except the petitioner. The appointment of the Petitioner as Head Master was not sanctioned because the Petitioner, who possesses B. Com. , B. Ed, qualification was held not to be possessing the requisite qualification prescribed under the maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (for short, the M. E. P. S. Rules ). The Respondent No. 2 relied upon the Circular dated 5th February, 1998, issued by the Director of Education in which it was clarified that B. Com. was not a sufficient qualification for trained graduate teachers. In the circular, it was clarified that in the curriculum of B. com. , the subject of Social Science was included under the paper of Economics, but in the secondary Schools, the required subjects under the Social Science were Politics and Social Sciences, which were not covered under the curriculum of B. Com. and, therefore, the B. Com. graduates are not properly qualified.

(3.) THE circular dated 5th October, 1998 fell for our considerations in the case of "harlal Harchand pardeshi v. State of Maharashtra and others". A Division Bench of this Court [to which one of us, Marlapalle, J. was a party] has considered the scope of the said circular dated 5th February, 1998 Vis - a - vis the qualifications prescribed under the M. E. P. S. Rules, 1981 for the appointment of trained graduate teachers in Secondary Schools. In para 10, it was observed: