MAKARAND BHIKAJI BAGADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Warunjikar, learned Counsel appearing for petitioners and Mr. Nitin Deshpande, learned Asst. Government Pleader for respondents. The 1 st petitioner is a society registered under the provisions of the societies Registration Act as well as Bombay Public Trusts Act. The 1st Petitioner is running the 2nd petitioner school for mentally retarded children at wai, District Satara. There are approximately 29 boys and 26 girls taking education in the petitioner's school. The students come from remote place of wai Taluka and for their transport the 1st petitioner has procured a mini bus with the financial aid given by the German Consulate. The 3rd petitioner has been engaged as driver of the bus since 1997. The State of Maharashtra has formulated the Special School Code of 1935, hereinafter called the 'code' for the schools for handicapped children. The posts of driver and attendant were shown in the staffing pattern prescribed by the Code. The Code was revised in 1997 and in the revised Code the post of driver was shown in the staffing pattern but the post of attendant was deleted. Under the revised Code the school must have a 16 seater bus and the educational qualification for the post of driver is passing of 10th Std. plus driving licence.

(2.) By Government Resolution dated 18-8-2004 a new staffing pattern was introduced for the school for the handicapped children. In the new staffing pattern the post of driver is also deleted. It appears that the petitioner have been making representation to the authorities for sanctioning the post of driver for the school bus. By letter dated 21-7-2004 issued by the Social welfare Officer, Zilla Parishad, Satara, the request of the petitioners for sanctioning the post of driver was turned down on the ground that the post is not admissible under the new staffing pattern. The legality and validity of this letter is questioned in this petition under Article 226 of the Constitution of India.

(3.) On behalf of the State Government it is contended that the children with disabilities are getting 75% concession in the fair in State Transport buses while they travel to attend the school and 50% concession is provided to the escort in the bus fare of the State Transport Bus. Some of the local bodies also provide free transport facilities through their transport to the children with disabilities to attend the school. It is also contended that most of the schools are residential schools providing education to the handicapped children within the premises along with hostel facilities and, therefore, the State Government has taken a decision not to sanction the posts of driver and attendant. It is also pointed out that the Government has constituted district level committed headed by Additional Chief Executive officer of the Zilla Parishad to ensure that the above facilities are provided in the concerned district.