STREE SHIKSHAN PRASARAK MANDAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All these petitions are filed by the Managements of the private schools receiving grant-in-aid, either partially or completely, from the State Government challenging Clause 5 of the notification dated 22-6-2017 by which sub-rules (2A) and (2B) are introduced under Rule 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981 as violative of the fundamental right to carry on the occupation of Education, as guaranteed by Article 19(1)(g) of the Constitution of India, to the extent it encroaches upon the autonomy and priviledge of the Management to select and appoint the teachers in the school. The challenge is also to Clause 3.6 in Para 3 of the Government Resolution dated 23-6-2017, which binds the Management to make the appointments to the teaching posts in order of merit from the list prepared of the candidates successful in the Eligibility and/or Aptitude test conducted by the State Government.

(2.) The recruitment and the terms and conditions of service of the teaching as well as non-teaching employees working in private aided or non-aided schools in the State of Maharashtra are governed by the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 ( MEPS Act ), brought into force with effect from 15-7-1981, along with the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981 ( MEPS Rules ), framed in exercise of rule-making power conferred by Section 4(1) read with Section 16 of the MEPS Act.

(3.) Section 4 of the MEPS Act deals with the terms and conditions of service of employees of private schools. Sub-section (1) therein empowers the State Government to make rules providing for the minimum qualification for recruitment (including its procedure), duties, pay, allowances, post-retirement and other benefits, and other conditions of service of employees of private schools and for reservation of adequate number of posts for members of backward classes. In terms of sub-section (2), every employee of a private school shall be governed by such Code of Conduct as may be prescribed, and on the violation of any provision of it, the employee becomes liable to disciplinary action after conducting an enquiry in such manner as may be prescribed. Sub-section (6) therein mandates that no employee of a private school shall be suspended, dismissed or removed or his services shall not be otherwise terminated or he shall not be reduced in rank, by the Management, except in accordance with the provisions of the Act and the rules made in that behalf.