FRIENDS SOCIAL CIRCLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard the learned counsel for the parties. The question that arises for consideration in this writ petition is whether the operation of a Rule framed in accordance with the provisions of Sec. 16(3) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (for short the Act of 1977) can be stayed by issuing executive instructions in the form a Circular ?

(2.) By virtue of Notification dtd. 08/06/2020 the School Education and Sports Department of the State of Maharashtra amended the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (for short, the Rules of 1981) after publishing the same in accordance with Sec. 16(3) of the Act of 1977. The said Rules are called the Maharashtra Employees of Private Schools (Conditions of Service) (Amendment) Rules, 2020. Insofar as the present challenge is concerned, the same pertains to staying the operation of Rule 41A after Rule 41 of the Rules of 1981. Rule 41A as inserted reads as under:

(3.) On 01/04/2021 the School Education and Sports Department of the State of Maharashtra issued a Government Resolution prescribing guidelines in the matter of transfer of teaching staff from un-aided School/sec. to partly aided or fully aided School/sec. . Thereafter on 01/12/2022 the School Education and Sports Department issued a Circular in which it was stated that various irregularities in the matter of transfer of teachers in a manner contrary to Rule 41A as well as the guidelines prescribed in Government Resolution dtd. 01/04/2021 had been noticed. Hence it was directed that the operation of Rule 41A (5) of the Rules of 1981 as well as the Government Resolution dtd. 01/04/2021 would remain stayed until further orders.