Writ Petition challenging the eligibility of a respondent appointed as Head of an Upper Primary School under Maharashtra Employees of Private Schools Rules, 1981. Court held primary school rules apply, finding no ineligibility based on experience.
Writ Petition rejected; impugned order affirmed.
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 ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 3494 OF 2023
Ansari Ahmed Mohammed Yusuf … Petitioner
V/s.
The State of Maharashtra through Education Department
... Respondent
Mr. A.A. Maniyar with Mr. M.A. Ansari for the Petitioner Mr. Abhay Patki, Addl. G.P. for the Respondent Nos. 1 to 4 Mr. A.G. Kothari for Respondent Nos. 5 and 6
CORAM : NITIN JAMDAR & M.M. SATHAYE, JJ. DATE : 07 FEBRUARY 2024
P.C. :-
The Petitioner has challenged the order passed by the Respondent No.3 – Deputy Director of Education, dated 13 October 2023, in respect of eligibility of the Respondent No.6, who is working as a Head in the School run by the Respondent No.5 – Institution.
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2 903. WP 3494.23.doc
services in the school run by the Respondent No.5 – Institution in the year 1994. On 9 September 2016 the order of appointment came to be issued in respect of the Respondent No.6 giving effect too the appointment from 1 June 2015 as a Head of the school.
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a primary school. In para 3 of the Petition it is stated by the Petitioner as under :-
“3. The Petitioner states that in the year 2015 the post of Head Teacher of the said school has become vacant. The Management of the said school has published an advertisement in Urdu daily news papers “INQUILAB” inviting applications from the potential candidates for the post of Head Teacher in the said school having qualified B.A./B.Sc./H.Sc./D.Ed. with minimum five years of teaching experience in a recognized Urdu Primary/Upper Primary School. Hereto annexted and marked as “Exhibit ‘A’” is the photocopy of advertisement published in INQUILAB news paper on 27 February 2015 along with its typed copy.”
Exhibit ‘A’ which is the advertisement referred to in this Para is annexed to the Petition states that the Head teacher is required for the aided Urdu Upper Primary School.
“9. Without prejudice to the above, I say and submit that the Primary School comprises of Std. I to IV, Upper Primary comprises of Std. V to VII and Secondary School is from Std. VIII to X. I say that Smt. Mulla Fatima Babalal Sayera holding HSC, (February 2003) D.Ed., (November 2006), B.A., (July 2014) has been appointed as Headmistress/Head Teacher of the Upper Primary School w.e.f. 1 June 2015 and accordingly Approval has been granted w.e.f. 1 June 2015. I say that
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Mrs. Anjum Mohd. Aslam Shaikh has been appointed as Head Teacher of the Primary School vide Order dated 6 November 2012 and granted approval vide Order No. AOSE/aid/5242 dated Nil of the Municipal Corporation of Greater Mumbai. I say that Mr. Shaikh Mohd. Farhan Ibrahim has been appointed as Headmaster of the Secondary School vide Order dated 31 July 2017 and granted approval vide Order dated 4 September 2017 of the Education Department Secondary Section, Government of Maharashtra.”
The Respondent No.5 has stated that there are Primary, Upper Primary and Secondary Schools sand each of them have different Heads.
“(a)(i) of a primary school having an enrollment of students above 200 or having Standards I to VII shall be the seniormost trained teacher who has put in not less than five years’ service, and
(ii) of any other primary school shall be the seniormost trained teacher in the school.”
JPP 5 903. WP 3494.23.doc
This Clause does not state anything regarding a qualification of two years’ experience which, according to the Petitioner, the Respondent No.6 lacks. The Respondent No.6 has placed on record that the Respondent No.6 has a D.Ed. qualification.
M.M. SATHAYE, J. NITIN JAMDAR, J.
Digitally signed JYOTI by JYOTI PRAKASH PRAKASH PAWAR PAWAR Date: 2024.02.12 16:39:43 +0530
3 issues framed by the court
Whether the appointment of Respondent No.6 as Head of an Upper Primary School was invalid due to lack of two years' experience required under Rule 3(1)(b) for secondary schools.
Whether Rule 3(1)(a) governing primary schools applies to the appointment in question arising from the petitioner's claim.
Whether the Deputy Director's order invoking power of relaxation under Section 3(2) is sustainable on facts.
3 provisions across 1 enactments
Ansari Ahmed Mohammed Yusuf
State of Maharashtra through Education Department
Nitin Jamdar
M.M. Sathaye
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
