PADMASING KONDU CHANDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Heard forthwith by consent of the parties.

(2.) Petitioners have approached this Court to challenge the appointment of respondent no.6 to the post of Head Master in respondent no.5 - school. The schools run by respondent no.5 are recognised and aided schools. The petitioners as also respondent no.6 are trained teachers. The petitioners are at Sr.Nos.2,3,5 & 9 of the seniority list in category "C" maintained by the school. Respondent no.6 stands at Sr.No.11 of the same seniority seniority list. According to petitioners, therefore, respondent no.6 is junior to them.

(3.) According to petitioners, the percentage of reservation to the post of teachers in recognised aided schools is governed by the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, hereinafter referred to as MEPS Rules. Rule 9 Sub-rule (10), has fixed 24% reservation of the total number of posts or vacancies of Heads or Assistant Heads for members of the Scheduled Caste, Scheduled Caste converts to Buddhism, Scheduled Tribes, De-notified Tribes and Nomadic Tribes in terms of the percentages as set out therein. According to petitioners, the rule clearly indicates that there can be no claim of reservation for the post of Head Master when there are only two posts. Respondent no.5 runs two schools and as such there are only two posts of Head Masters. Considering the percentage of reservation, none of the vacancies could be filled in on the basis of reservation. The issue of reservation under the MEPS Act had come up for consideration before Full Bench of this Court in New English High School Association Nagpur & another V/s Baldev Fakira Ade & another ( 2006 (6) Mh.L.J., 882), where the law pertaining to reservation in recognised aided schools has been declared. According to petitioners, based on the Full Bench judgment, respondent no.1 has issued a circular on 23.10.2007 clarifying that till rules are amended, reservation can not exceed 24% and, therefore, unless there are four posts of Head Master, no reservation could be applied.