VAISHALI V CHANDEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PETITIONERS in both these petitions are Assistant Teachers in the Private Secondary School. They have invoked our jurisdiction under Article 226 of the Constitution for a relief of writ of mandamus directing the Management to make the payment of their salary as per the pay-scale prescribed by the Government.

(2.) MR. pursananiand Mr. Palshikar the learned Counsel appearing for the respondents-Management resisted the claim initially on the ground that the petitions are not maintainable as the writ could not be issued against a Private Management. Precise submission of the learned Counsel is that there is no public function involved. Even otherwise, the function is not of statutory character. The Management is neither a State nor an instrumentality of the State and as such the petition is untenable.

(3.) THE submission is erroneous. Having regard to the various provisions under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the Rules of 1981 framed thereunder, the Management of the Private School owes several responsibilities and obligations. For enforcing those statutory obligations writ could be issued against the Private Management.