K P SHUKLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner who are teachers of Shri Sanatan Dharm High School and Junior College, G. T. B. Nagar, Sion-Koliwada, Mumbai, are seeking a writ of mandamus to quash and set aside the order dated 10th October, 1991 passed by the State of Maharashtra according to the status of a minority educational institution to the said school. They are also seeking a writ of mandamus to prohibit the respondent No. 5 from functioning as Headmaster of the school and to direct the management of the school to prepare a seniority list of teaching staff as well as non-teaching staff in the school in accordance with the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Rules. 1981 ("rules" for short) and to fill up the vacancies in posts of Headmaster, Assistant Headmaster and Supervisors in accordance with the seniority list of the teachers.

(2.) THE facts of the case are simple and may be shortly stated. The petitioners are working as Assistant teachers in Shri Sanatan Dharm High School and Junior College, Sion-Koliwada, Mumbai. The said school is a fully aided school and receives 100% grants from the State Government. The school is administered by the respondent No. 4 Koliwada Sanatan Dharm Sabha Education "society which is registered as a Society under the Societies Registration Act, 1860 and is also registered as a public trust under the Bombay Public Trusts Act, 1950. There are 62 teachers working in the school and the total strength of the students is about 2500/ -. It seems that the Society had applied to the State Government seeking status of minority educational institution for their school. By an order dated 10th October, 1991, the State Government has accorded minority status to the said school.

(3.) THE respondent No. 5 is presently working as the Headmaster of the school. It is an admitted position that he had reached the age of superannuation as prescribed under Rule 17 of the Rules on 30th April, 1995. It seems that by its letter dated 2nd May, 1995, the Society requested the Educational Inspector, Greater Mumbai to permit the institution to continue the respondent No. 5 as Headmaster even after his retirement on reaching the age of superannuation. The Educational Inspector appears to have referred the matter to the Deputy Director of Education, Greater Mumbai who replied by his letter dated 26th May, 1995 that even though the institution is a minority educational institution, there has being no provision of law for granting extension, the request made by the institution cannot be granted. The Deputy Director observed in his letter that the retirement of the Headmaster is due on 30th April, 1995 and this being at the end of the academic year 1994-95, immediately being followed by the summer vacation, it is possible for the institution to appoint any other eligible teacher from the school as the Headmaster or to make any alternate arrangement.