Discontinued Swayam Sevaks sought absorption on parity with Vasti Shala teachers. The Court rejected the Article 14 claim and upheld the State's classification. The petitions were disposed of without relief, leaving any policy decision on absorption to the State Government.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 5810 OF 2016
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| 56. | Pratapsing Surupsing Vasave Age: 38 years, Occu – Service, R/o At Porambi, Post Gavali, Tq. Akkalkuwa, Dist. Nandurbar |
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|---|---|---|
| 57. | Bharat Monaji Vasave Age: 39 years, Occu – Service, R/o At Gulidambar, Post Gavali, Tq. Akkalkuwa, Dist. Nandurbar |
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| 58. | Nirmala Karamsing Vasave (Deleted as per order dated 24/4/2018) |
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| 59. | Ramdas Wanashi Tadvi Age: 40 years, Occu – Service, R/o At Post Valfali, Tq. Akkalkuwa, Dist. Nandurbar |
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| 60. | Savita Dharamsing Vasave Age: 35 years, Occu – Service, R/o At Balaghat, Post Pimpalkhuta, Tq. Akkalkuwa, Dist. Nandurbar |
..PETITIONERS |
VERSUS
| 1. | State of Maharashtra Through its Secretary School Education Department, Mantralaya, Mumbai-32 |
|---|---|
| 2. | The Principal Secretary, Tribal Development Department, Maharashtra State, Mantralaya, Mumbai-32 |
| 3. | The Zilla Parishad, Nandurbar, Through its Chief Executive Officer |
| 4. | The Commissioner, Tribal Development Department, Nashik |
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WITH WRIT PETITION NO. 5814 OF 2016
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R/o At Takali, Post Chinoda, Tq. Taloda, Dist. Nandurbar
..PETITIONERS
VERSUS
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| 1. | State of Maharashtra |
|---|---|
| Through its Secretary School Education Department, Mantralaya, Mumbai-32 |
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| 2. | The Principal Secretary, Tribal Development Department, Maharashtra State, Mantralaya, Mumbai-32 |
| 3. | The Zilla Parishad, Nandurbar, Through its Chief Executive Officer |
| 4. | The Commissioner, Tribal Development Department, Nashik |
| 5. | The Education Officer (Primary), Zilla Parishad, Nandurbar |
| 6. | Block Education Officer, Panchayat Samiti, Taloda, Tq. Taloda, Dist. Nandurbar ..RESPONDENTS |
| WITH WRIT PETITION NO. 5817 OF 2016 |
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| 1. | Bhika Khalya Valvi Age: 34 years, Occu – Service, R/o Kalibel, Tq. Dhadgaon, Dist. Nandurbar |
| 2. | Saysing Kocharya Patale Age: 36 years, Occu – Service, R/o Pathali, Tq. Dhadgaon, Dist. Nandurbar |
| 3. | Mersing Luwarya Pawara Age: 36 years, Occu – Service, R/o Telkhedi, |
| Tq. Dhadgaon, Dist. Nandurbar |
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| 116. | Lalsing Vanya Valvi |
|---|---|
| Age: 33 years, Occu – Service, R/o Katri, Tq. Dhadgaon, Dist. Nandurbar ..PETITIONERS |
|
| VERSUS | |
| 1. | State of Maharashtra Through its Secretary School Education Department, Mantralaya, Mumbai-32 |
| 2. | The Principal Secretary, Tribal Development Department, Maharashtra State, Mantralaya, Mumbai-32 |
| 3. | The Zilla Parishad, Nandurbar, Through its Chief Executive Officer |
| 4. | The Commissioner, Tribal Development Department, Nashik |
| 5. | The Education Officer (Primary), Zilla Parishad, Nandurbar |
| 6. | Block Education Officer, Panchayat Samiti, Dhadgaon, Tq. Dhadgaon, Dist. Nandurbar ..RESPONDENTS |
| WITH WRIT PETITION NO. 5819 OF 2016 |
|
| 1. | Kapil Hemantukumar Chavan Age: 36 years, Occu – Service, R/o At Post Manmode, Tq. Shahada, Dist. Nandurbar |
| 2. | Somaji Shivaji Jadhav |
| Age: 40 years, Occu – Service, |
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R/o At Post Savkheda, Tq. Shahada, Dist. Nandurbar
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R/o At Post Kusumwada, Tq. Shahada, Dist. Nandurbar
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R/o At Post Dongargaon, Tq. Shahada, Dist. Nandurbar
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R/o At Post Bhiladi Tah, Tq. Shahada, Dist. Nandurbar
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R/o At Post Ranipur, Tq. Shahada, Dist. Nandurbar
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R/o At Post Lakkadkot, Tq. Shahada, Dist. Nandurbar
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R/o At Post Adgaon, Tq. Shahada, Dist. Nandurbar
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R/o At Post Ambapani (Ratanpur), Tq. Shahada, Dist. Nandurbar
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R/o At Post Chirde, Tq. Shahada, Dist. Nandurbar
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R/o At Post Fattepur, Tq. Shahada, Dist. Nandurbar
..PETITIONERS
VERSUS
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WITH
WRIT PETITION NO. 5833 OF 2016
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..PETITIONERS
VERSUS
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WITH
WRIT PETITION NO. 10772 OF 2017
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..PETITIONERS
VERSUS
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WITH
WRIT PETITION NO. 11235 OF 2017
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R/o At and Post Sindgavhan, Tq. and Dist. Nandurbar
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R/o At and Post Ranala, Tq. and Dist. Nandurbar
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R/o At Post Dhulwad, Tq. and Dist. Nandurbar
..PETITIONERS
VERSUS
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..RESPONDENTS
Mr. V.D. Sapkal, Advocate for petitioners in all matters.
Mr. Deelip Patil Bankar, Special Counsel for Respondent nos. 1, 2 and 4 in all matters.
Mr. R.N. Jain, Advocate for Respondent nos. 3, 5 and 6 in all matters.
CORAM : S.V. GANGAPURWALA AND R.G. AVACHAT, JJ. DATED : 06th DECEMBER, 2018
ORAL JUDGMENT (PER : S.V. GANGAPURWALA, J.) :
All these writ petitions are based on similar set of facts and involve common question of law, as such, are decided by common judgment.
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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 05th February, 2009, 27th September, 2011 and 31st July, 2009 as extended to the Vasti Shala teachers run under Sarva Shiksha Abhiyan.
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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 31st July, 2009 also refers to Government Resolution dated 22nd July, 2005. It is the scheme under Sarva Shiksha Abhiyan. Benefit of Government Resolution dated 31st 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
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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.
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the schools under Mahatma Phule Shikshan Hami Kendra could be run by local body or registered voluntary association or registered educational institutions. For functioning of Vasti Shala, 15 students from 1st to 4th standards are necessary, whereas under Mahatma Phule Shikshan Hami Kendra scheme, the school can be started even for ten students. The Vasti Shala was functioning as regular school. The Gram Shikshan Samitee can demand Vasti Shala and it was multi class primary school. The Vasti Shala has to function for minimum 200 days per year, whereas under Mahatma Phule Shikshna Hami Kendra, such schools can function for four hours in a day for primary and six hours for higher primary level as per the convenience. The school could be started at any time and continued ad-hoc for two years for primary and three years for higher primary level. The students in Vasti Shala can come in main stream of the schools as Vasti Shala functions as Regular School, whereas under Mahatma Phule Shikshan Hami Kendra scheme, the students are required to be admitted to regular primary or higher primary school after they have spent 2-3 years at the Center. The eligibility of Swayam Sevak at Vasti Shala was D.Ed. and if D.Ed. candidate is not available then at least H.S.C. passed candidate was required. For Center under Mahatma Phule Shikshan Hami Kendra if D.Ed. Candidate is not available, minimum 10th passed candidate would also be eligible to teach or even a retired teacher or
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national employment / NCC or Nehru Youth Center workers can also be appointed to teach at primary level and for secondary level the qualification was D.Ed. or B.Ed. and if the candidates are not available, minimum 12th passed was permissible and in tribal areas even if 12th passed candidate is not available, qualification can be relaxed further. Vasti Shalas could be converted into regular schools who are fulfilling the criteria and others in alternative innovative education, whereas the center under Mahatma Phule Shikshan Hami Kendra ceased to function after 2/3 years.
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years, therefore, on the ground of delay also, the petitioners are not entitled for eligibility. The learned Counsel relies on the judgment of the Apex Court in the case of State of Maharashtra Vs. Digambar reported in AIR 1995 SC 1991 . The learned Counsel relying on the judgment in the case of Ekta Shakti Foundation Vs. Govt. of NCT of Delhi reported in (2006) 10 SCC 337, submits that in case of policy matters this Court would not exercise its powers of judicial review. The learned Counsel also relies on the judgment of the Apex Court in the case of Shankarsan Dash Vs. Union of India reported in 1991 (3) SCC 47 and judgment of Apex Court in the case of Ugar Sugar Works Ltd. Vs. Delhi Administration and Others reported in (2001) 3 SCC 635 to submit that classification can be made by the State Government. The policy decision of the State Government is not prompted by mala fides nor is unreasonable and arbitrary and hence the Court would not intervene. The petitioner cannot claim benefit of regularization as is given to the Vasti Shala Teachers.
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Shalas are absorbed as Para Teachers and subsequently as Assistant Teachers in the regular schools. The petitioners working under Mahatma Phule Shikshan Hami Yojana claim parity with the Vasti Shala Teachers thereby claim equality under Article 14 of the Constitution of India.
Article 14 of the Constitution of India ensures equality before law, which means that only persons who are in like circumstances should be treated equally. Equality under Article 14 of the Constitution of India means equality amongst equals. It does not provide for an absolute equity of treatment to all persons in utter disregard in every circumstance. The aim of this Article is to ensure that invidious distinction or arbitrary discrimination shall not be made by the State between the citizens and the citizens who answer the same description. Article 14 would apply only when invidious discrimination is meted out to equals and similar circumstance without any rational basis or relationship in that behalf.
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Though both the schemes are under Sarva Shiksha Abhiyan, there are inherent distinctions in the nature of the work, working conditions and qualifications. The same are detailed below :-
| 1 | Name of the Scheme | Vastishala | Mahatma Phule Shikshan Hami Yojana |
|---|---|---|---|
| 2 | Beneficiaries | Children of 6 to 14 years age group |
Child laborers and out of school children |
| 3 | Implemented by | Local autonomous bodies | Local autonomous bodies / Registered voluntary associations / Registered educational institutions |
| 4 | Object | To provde facility like regular school to students where within 1 km at Vasti no educational facility of school is available |
To provide opportunity to the out of school children of the age 6 to 14 years to bring into the mainstream of the schools |
| 5 | Nature of the scheme | About 15 students from 1stto 4thstandard are necessary Vastishala functions as a regular school. The Gram Shikshan Samiti can demand the Vastishala. It is a multiclass primary school. |
Center can be started for about 10 to 20 out of school children |
| 6 | Duration | It functions at least 200 days per year |
Such center can be started at any time and can continue ad hoc for 2 years for primary level and for 3 years for higher primary level Such centers can function about 4 hours in a day for primary level and for 6 hours for higher primary level as per convenience |
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| 7 | Status of students | Students of Vastishala are in the mainstream itself. Vastishala functions as regular school |
After the period of 2/3 years of the center, the students are required to be admitted to the regular primary / higher primary schools to bring them in the mainstream |
|---|---|---|---|
| 8 | Eligibility of Swayam Sevak / Center Administrator |
Local D.Ed. Candidate If not available, minimum 12thpass, etc. |
For primary level center : D.Ed. OR if not available, minimum 10thpass, etc. OR Retired teachers/ national employment/ NCC/ Nehru Youth Center workers also can be appointed. For secondary level : D.Ed./ B.Ed./ B.P.Ed. OR if not available, minimum 12thpass, etc. OR if not available, in tribal area even educational qualification can be relaxed with the approval of MPSP |
| 9 | Appointment by | Gram Shikshan Samiti on contractual basis |
Local autonomous body/ Registered voluntary association, etc. on contractual basis |
| 10 | Stream of the students | Vastishala functions as regular schools. Hence, students remain in the mainstream itself. |
After completion of 2/3 years of the center, the child laborers, out of school students are admitted to the appropriate standard into 5th/ 8thas the case may be |
| 11 | Status of vastishala / center |
Vastishalas converted into regular schools who are fulfilling the criteria and others in alternative innovative education |
Centers cease to functions after 2/3 years. |
clear that the Vasti Shalas function as regular schools. It is Multi Class
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Primary School. The students of Vasti Shala are in the main stream itself and even minimum qualification of Swayam Sevaks is 12th pass. Under Mahatma Phule Shikshan Hami Yojana, where the petitioners were working, after 2-3 years at the center, the students are to be admitted to the regular primary / higher primary schools. The minimum qualification is 10th pass and even retired teachers / those under national employment / NCC / Nehru Youth Center workers can also be appointed as Swayam Sevak. Primary school runs only for four hours in a day and that too as per convenience, either in the morning or in the evening and not as regular school. After 2-3 years, the center ceases to function, whereas Vasti Shalas are converted into regular schools fulfilling the criterion and others in alternative innovative education. Thus the Vasti Shala functions as regular school and the centers under Mahatma Phule Shikshan Hami Yojana do not function as regular school, but the center continues ad-hoc for two years for primary level and for three years for higher primary level. There are inherent distinguishing circumstances between the both. The petitioners cannot ipso facto claim parity and equally absorption as Para Teachers or Assistant Teachers in regular school only because the Vasti Shala Teachers, upon satisfying some conditions, get absorbed as Para Teaches and later on as Assistant Teachers.
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( R.G. AVACHAT, J. )
( S.V. GANGAPURWALA, J. )
SSD
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2 issues framed by the court
Could Swayam Sevaks under Mahatma Phule Shikshan Hami Yojana claim absorption as Para Teachers or Assistant Teachers on parity with Vasti Shala teachers?
Did the State's policy of absorbing Vasti Shala teachers but not the petitioners violate Article 14?
Colour shows how this judgement treated each authority
Secretary, State of Karnataka and Others Vs. Umadevi and OthersReferred¶545
AIR 2006 SC 1806 · Who else cites this
Anil Lamba and Others Vs. Govt. of NCT and OthersReferred¶545
LEX(DLH) 2017 3 29
State of Maharashtra Vs. DigambarReferred¶548
AIR 1995 SC 1991 · Who else cites this
Ekta Shakti Foundation Vs. Govt. of NCT of DelhiReferred¶548
(2006) 10 SCC 337, · Who else cites this
Shankarsan Dash Vs. Union of IndiaReferred¶548
1991 (3) SCC 47 · Who else cites this
Ugar Sugar Works Ltd. Vs. Delhi Administration and OthersReferred¶548
(2001) 3 SCC 635 · Who else cites this
1 provisions across 1 enactments
Omrya Nila Vasave
State of Maharashtra
The Principal Secretary, Tribal Development Department, Maharashtra State
The Zilla Parishad, Nandurbar
The Commissioner, Tribal Development Department, Nashik
The Education Officer (Primary), Zilla Parishad, Nandurbar
S.V. GANGAPURWALA
R.G. AVACHAT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
