SHUBHADA PRABHAKAR PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, by consent of the learned Counsel made returnable forthwith. Counsel appearing for the respondents waive service. With the consent of the learned Counsel and at their request, the petition is taken up for hearing and final disposal.

(2.) The three petitioners before the Court - Shubhada Patil, Sharda Gadhari and Kshama Naik - were appointed as Shikshan Sevaks in the V.N. Sule Guruji English Medium School conducted by the Indian Education Society. The management is the third respondent while the School is impleaded through its Headmistress as the fourth respondent. The appointments were made during the academic year 2006-07. The qualifications, dates of appointment and the category to which the petitioners belong are tabulated herein below for convenience of reference: <p>S.No. Name of the Shikshan Sevak Qualification Date of Appointment Category 1 Smt. Shubhada Patil H.S.C. D.Ed. 13/6/06 O.B.C. 2 Smt. Sharda Gadhavi H.S.C. D.Ed. 4/9/06 N.T. 3 Smt. Kshama Naik H.S.C. D.Ed. 8/11/06 O.B.C.

(3.) The Shikshan Sevak scheme was introduced by the State Government by a resolution dated 13th October, 2000 and the petitioners were appointed under the scheme for a period of three years. In 2007 the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 was amended in order to bring Shikshan Sevaks within the purview of the Act. Under the proviso to sub-section (2) of section 5 as amended, every appointment of a Shikshan Sevak is to be on probation for a period of three years. Under sub-section (2-A) of section 5 a Shikshan Sevak, on completion of the probationary period, is deemed to have been appointed and confirmed as a teacher, subject to a satisfactory record of service.