RAMDAS ARJUN JAPE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Government of Maharashtra, vide government Resolution dated 10th of March, 2000, brought into force a scheme for appointment of Shikshan Sevaks in place of regular Assistant Teachers in the primary schools run by the Zilla Parishads, Municipal Councils, Municipal corporations, Cantonment Boards and aided private institutions from the academic year 2000-01. The details of the scheme have been set out in Scheduled-A to the said Government Resolution, whereas Scheduled-B is a model appointment order for the post of Shikshan Sevak and Schedule-C is the format of undertaking tobe furnished by the appointee at the time of joining. By Government Resolution dated 27th of April, 2000 the scheme for appointment of Shikshan Sevaks in place of Assistant Teachers in the secondary schools, higher secondary schools, junior colleges and teachers training colleges has been announced by the State Government for the academic year 2000-01 onwards. This scheme is applicable to the recognised private secondary schools and the details of the scheme are set out in Schedule-A annexed to the said resolution, draft appointment order in Schedule-B and Schedule-C is the written undertaking tobe furnished by the appointee. The Government Resolution dated 27th April, 2000 does not cover the secondary schools run by the Zilla Parishads, municipal Councils, Municipal Corporations, Cantonment Boards or similar local self government bodies. In both the schemes the Shikshan Sevaks so appointed shall not be eligible for regular pay scale though they are required to hold the requisite qualifications as a trained teacher i. e. trained graduate or trained undergraduate. Instead, they would be offered an amount of Rs. 2,500/- per month as honorarium for primary schools, an amount of Rs. 3,000/ per month for secondary schools and teachers training colleges and Rs. 3,500/- for appointments under the higher secondary schools/junior colleges. In case the candidates, who did not possess the training qualifications, were appointed, they would be offered Rs. 1,500/- per month for primary schools. In both the schemes it was stipulated that if the appointee works satisfactorily for a period of five academic years he/she would be appointed in regular post of Assistant Teacher in the regular pay scale and the earlier service as Shikshan Sevaks would not be taken into consideration for pay fixation, pension or for any other purposes.

(2.) THE Shikshan Sevaks scheme for secondary schools annexed with government Resolution dated 27th July, 2000 came tobe challenged in writ petition nos. 2940 of 2000, 2980 of 2000 and 3654 of 2000 before the Principal Bench at mumbai, whereas the Shikshen Sevaks scheme for primary schools annexed to government Resolution dated 10th of March, 2000 came to be challenged in writ petition No. 3681 of 2000 before this Bench. On 16th August, 2000 the following directions came tobe issued in the batch of petitions pending before the Principal Bench:

(3.) WHILE the challenge to both these schemes was pending before the principal Bench and this Bench separately, some of the Zilla Parishads in the state had already undertaken the recruitment process for Shikshan Sevaks in primary schools and more particularly the following Zilla Parishads, in the month of June/july, 2000. (i) Osmanabad- Select list of 450 candidates was prepared. (ii) Jalna- Select list of 304 candidates was prepared. (iii) Aurangabad - 517 posts of Shikshan Sevaks were filled in. (iv) Chandrapur - 478 posts of Shikshan Sevaks were filled in. (v) Wardha- 161 posts of Shikshan Sevaks were filled in. (vi) Yeotmal-85 posts of Shikshan Sevaks were filled in. (vii) Nanded-Select list of 558 candidates was prepared. (viii) Latur- Select list of 76 candidates was prepared.