LAXMIKANT GANGADHAR ANCHARWADKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS group of writ petitions is raising a common question of interpretation of Regulation 7 of the Madhya pradesh Secondary Education Regulations, 1977. It is rather unfortunate that in spite of number of judgments delivered by the Division benches of this Court the challenge raised in the present petition has not yet died down. This rule 7 has been the subject matter of interpretation of at least seven Division benches of this court. However, every time a challenge based on a different facet or different aspect of the interpretation of the said regulation is raised and thus it requires to be once again considered afresh. In the aforesaid circumstances, we are once again called upon to consider the challenge and further interpret the said regulation.

(2.) ALL these writ petitions are almost identical in so far as facts are concerned. Thus, we take as a sample case facts of writ petition no. 1120 of 1996. The facts of this writ petition in so far they are germane to the issue of interpretation of the said regulation are set out as under :-

(3.) THE district of Madhya Pradesh including Vidarbha ceased to be a part of madhya Pradesh with effect from 1-11-1956 and was made part of the State of Bombay. On the Division of the State of Bombay on 1-5-1960 the said eight districts became part of the Maharashtra. These eight districts which form part of the State of Maharashtra is known as Vidharbha Division of the State of maharashtra. The schools which are run in the said Vidarbha Division were originally forming part of the Madhya Pradesh State and were at the relevant time governed by the provisions of the Madhya Pradesh secondary Education Act, 1951 and regulations framed thereunder. The conditions of service of the various teachers were governed by the said regulations which are framed and forming part of Regulations of the Board of Secondary Education Madhya pradesh. The said regulations under Chapter 12 contain regulation 7. The said regulation inter alia provided for fixation of age of superannuation of teachers as one of the conditions of service of the teachers. The said regulation 7 reads as under :-