N T DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) The petitioners till derecognition of the school at Belora run by respondent No. 4 society were in employment as its staff. The petitioner Nos. 2 to 5 were employed as teachers in the high school whereas petitioner Nos. 6 to 8 were employed as teachers in middle school and petitioner Nos. 10 to 13 are the non-teaching employees who have approached this Court for seeking appropriate writ, order or direction of this Court to the respondent Education department to consider their case for absorption in some other aided school with all the consequential reliefs.

(3.) Initially the petitioners have pressed their prayer clause (i) to the petition which was to strike down Rule 25 (A) of the Maharashtra Employees of Private schools (Conditions of Service) Rules, 1981 (hereafter referred to as "the MEPS rules") being ultra vires but in the course of hearing of the petition, this has been given up in view of the decision of this Court rendered in the case of Dattaraj janraoji Nimkar and others vs. Swargiya Sakharamji Shikshan Sanstha and others reported in 2004 (1) Mh. L. J. 516 = 2004 (1) ALL MR 306 wherein this court has held that Rule 25 (A) of the said Rules of 1981 is not ultra vires to article 14 of the Constitution of India and, therefore, now the petitioners restrict their prayer only to the extent of seeking absorption in any other aided school mainly on two grounds, firstly that if the school in which they were employed had been derecognised, the employees can be removed from service only as per the criteria laid down in Rule 27 of the MEPS Rules, 1981. In absence of the petitioners being given an opportunity of hearing, they could not have been held responsible for derecognition of the school and deprived of absorption as provided under Rule 26 of the said Rules of 1981 and, therefore, they are entitled to be absorbed in any other aided school.