LAWS(BOM)-2018-12-151

OMRYA NILA VASAVE Vs. STATE OF MAHARASHTRA

Decided On December 06, 2018
Omrya Nila Vasave Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) All these writ petitions are based on similar set of facts and involve common question of law, as such, are decided by common judgment.

(2.) The petitioners in all these writ petitions claim to have been appointed as Swayam Sevaks to teach the students under Mahatma Phule Shikshan Hami Kendra and Rajiv Gandhi Sandhi Shala to provide basic elementary education to the students between 6 to 14 years of age. These petitioners are subsequently discontinued. They have filed these petitions seeking benefit of Government Resolutions dated 05 th February, 2009, 27th September, 2011 and 31st July, 2009 as extended to the Vasti Shala teachers run under Sarva Shiksha Abhiyan.

(3.) Mr. Sapkal, the learned Counsel for the petitioners strenuously submits that those teachers appointed as Vasti Shala teachers have been subsequently absorbed as Para teachers and Assistant teachers in regular schools. The Vasti Shala commenced under Sarva Shiksha Abhiyan. As the Vasti Shalas and the schools under Mahatma Phule Shikshan Hami Kendra are under Sarva Shiksha Abhiyan, the petitioners cannot be treated differently than Vasti Shala teachers. After the decision was taken to close down the Vasti Shala under Sarva Shiksha Abhiyan, the Vasti Shala teachers have been absorbed as Para teachers and subsequently as Regular Assistant Teachers, whereas the petitioners have been discontinued. Such discrimination is not permissible. Vasti Shala teachers and Swayam Sevaks (petitioners) ought to be treated similarly. The learned Counsel referring the Government Resolution dated 22nd July, 2005 submits that Mahatma Phule Prathamik Shikshan Hami Yojana and Mahatma Phule Uccha Prathamik Shikshan Hami Yojana commenced under Sarva Shiksha Abhiyan. The same was to provide elementary education to the students who are not in a position to attend the school. They were child labourers. To provide the education to the child labourers, the Government started Mahatma Phule Prathamik Shikshan Hami Yojana. The petitioners have rendered the services under the said scheme and the same was part of Sarva Shiksha Abhiyan. The scheme provided the details about the number of students and the teachers. Timings were also fixed. Qualification was prescribed for the teachers i.e. they should be at least 12th pass and those possessing D.Ed. qualification were preferred. The learned Counsel submits that under Government Resolution dated 05th February, 2009, the Vasti Shala teachers were also permitted to avail the facility of postal D.Ed. The learned Counsel further submits that Para teachers were appointed on contract basis. These Para teachers were appointed from amongst Swayam Sevaks working as Vasti Shala Teachers. Government Resolution dated 31 st July, 2009 also refers to Government Resolution dated 22nd July, 2005. It is the scheme under Sarva Shiksha Abhiyan. Benefit of Government Resolution dated 31 st July, 2009 is not accorded to the petitioners. As Vasti Shalas were closed down, the Swayam Sevaks working on Vasti Shala were absorbed as Para Teachers. The petitioners were also working as Swayam Sevaks under the same scheme of Sarva Shiksha Abhiyan under which Vasti Shalas were introduced. The learned Counsel further submits that under Government Resolution dated 27th September, 2011 the decision was taken that those Swayam Sevaks, who have worked on Vasti Shalas for at least two years would be eligible to be appointed as Para Teachers. The petitioners have also worked for two years and more. They ought to have given benefit of being appointed as Para Teachers and subsequently absorbed as teachers in regular schools. The act of the respondents in not affording the same benefit as afforded to Vasti Shala Teachers is arbitrary, discriminative and unreasonable.