SAVITRI G SACHNANDANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this writ petition under Articles 226 and 227 of the Constitution, the petitioners are mainly seeking two reliefs. Firstly, they are seeking a writ of certiorari or a writ in the nature of certiorari or an appropriate writ, order or direction for quashing and setting aside the order dated 17th February, 1987, passed by the Desk Officer, Government of Maharashtra. Secondly, they are seeking a writ of mandamus or a writ in the nature of mandamus or a appropriate writ or order directing respondent Nos. 1 to 3 to implement the resolution passed by the Municipal School Board, Ulhasnagar and to pay salary of the teaching and non-teaching staff of (1) Shri Gangaram Sind National Sindhi Primary School and (2) Jai Hind Academy Sindhi Primary School with effect from 1st April, 1984. The petition has been filed for and on behalf of the teaching as well as non-teaching staff in the aforesaid two Schools situated at Ulhasnagar. Their main grievance is that they have not received their salary from 1st April, 1986. The first petitioner who was the Headmistress of Shri Gangaram Sind National Sindhi Primary School has since retired. The original petitioner No. 2 who was the Headmistress of Jai Hind Academy Sindhi Primary School has died. She has been substituted by the present Headmistress of the said school as petitioner No. 2. The heirs of the deceased original petitioner No. 2 are also joined as petitioner Nos. 4-A, 4-B and 4-C. The present Headmistress of Shri Gangaram Sind National Sindhi Primary School is joined as petitioner No. 3. It is almost an undisputed position that these two primary schools are minority schools run by Hyderabad Sind National Collegiate Board. The schools were originally under the control and supervision of Gram Panchayat and then under Zilla Parishad, Thane and Zilla Parishad, Thane, ultimately transferred the said schools for management, control and supervision to the Municipal School Board of Ulhasnagar Municipal Council. They are governed by the provisions of the Bombay Primary Education Act, 1947 (Act for short) and the Bombay Primary Education Rules, 1949 (Rules for short ).

(2.) BEFORE dealing with the impugned order passed by the Desk Officer, Government of Maharashtra, it is necessary to mention that the Municipal School Board of Ulhasnagar has unanimously recommended to the State Government under resolution dated 3rd October, 1984 for bringing the two primary schools in question for grant-in-aid with effect from 1st October, 1984. The said Municipal Board is constituted under section 3 r/w section 10 of the said Act. The said Act provides elaborate procedure for securing recommendation and approval to be eligible for grant-in-aid which is prescribed under section 105 of the said Act. By another resolution dated 24th July, 1986 the Board again recommended to the Government for making grant-in-aid available to the said schools. Yet another resolution to the same effect was passed by the School Board on 18th September, 1986. However, it appears that the State Government took a decision not to provide grant-in-aid to the said primary schools. The decision was communicated to the School Board by the Desk Officer, Government of Maharashtra under the impugned order dated 17th February, 1987 which reads as follows :---In connection with the above subject you are hereby informed that the Government has yet not given sanction to the resolution to bring the above school on grant-in-aid basis. Therefore the Government cannot accept any financial responsibility even though the Education Mandal of Municipality has passed resolution about the same. If the Municipal Education Mandal is prepared to spend this expenditure from their own income then there is no need to obtaining permission from the Government. Kindly take note of the all grant while spending it should not become inadmissible. "

(3.) IN view of the aforesaid decision of the Government, the Municipal School Board declined to pay the salaries of the teachers and therefore the petitioners filed the present petition claiming various reliefs as already indicated hereinbefore. By the interim order dated 15th July, 1987, the Division Bench directed the respondents to pay the salaries of the Headmistress, teachers as well as non-teaching staff with effect from 1st April, 1986. Pursuant to the said order, the salary of the staff in both the schools has been regularly paid by the respondents.