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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR

WRIT PETITION NO. 1987/1994

1. Bhartiya Vidya Bhavan,

through its Registrar, Civil Lines,
Nagpur.

2. Bhavanis Bhagwandas Purohit Vidya

Mandir, through its Principal, Lala Lajpattrai
Marg, Civil Lines, Nagpur. .....PETITIONER

...V E R S U S...

1. Presiding Officer, School Tribunal,

Nagpur.

2. Sanjay Sukhdeo Bombatkar,

Assistant Teacher (Terminated)
r/o Quarter No. 3/86, Raghuji Nagar,
Nagpur.

3. State of Maharashtra, through its

Secretary, Education Department,
Mantralaya, Bombay. ....RESPONDENTS

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Mr. S. V. Purohit, Advocate for petitioners.
Mr. A. R. Patil, Advocate for respondent no.2.
Mr. T. R. Kankale, A.G.P. for respondent no.3.
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CORAM:­ S. A. BOBDE & A. B. CHAUDHARI, JJ.

DATE :­ JULY 22, 2010

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ORAL JUDGMENT (Per:­ S. A. Bobde, J.)

1. The petitioners have questioned applicability of

Maharashtra Employees of Private Schools (Conditions of Service) Act,

1977 (hereinafter referred to as the “Act”) and, therefore, the

tenability of the appeal filed against them by a teacher, whose

services are terminated. The petitioner is a School affiliated to the

Central Board of Secondary Education, Delhi and runs three schools

in Nagpur. The petitioner­Management terminated the services of

respondent no.2, who, thereafter, has approached the School Tribunal

under Section 9 of the Act. The Tribunal took cognizance of the

appeal and issued notice to the petitioner. The petitioner approached

this Court questioning the applicability of the Act and tenability of the

appeal. There is no dispute that the petitioner no.2 is a School, which

is affiliated to the Central Board of Secondary Education, Delhi. It is,

thus, not a School recognized by the Director, Divisional Board or any

such Board or by any Officer recognized by State Government or by

the Boards, which alone qualifies for being treated as a private school

governed by the provision of this Act.

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2. To decide the controversy in question, it is necessary to

look into the relevant provisions of the Act. Section 3 (1) of the Act,

which defines the application of this Act reads as follows:­

“3. Application of Act: (1) The provisions of this Act

shall apply to all private schools in the State of
Maharashtra, whether receiving any grant­in­aid from
the State Government or not.”

This Section makes the Act applicable to all private

schools. Obviously, the term “private schools” also needs to be gone

into, which is defined by Section 2 (20) of the Act is as under:­

“2(20) “private school” means a recognised school

established or administered by a Management, other
than the Government or a local authority.”

The term “recognised”, is defined in Section 2(21) of

the Act, which reads thus:­

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“2(21) “recognised” means recognised by the

Director, the Divisional Board or the State Board, or
by any officer authorised by him or by any of such
Boards”

The terms “Director”, “Divisional Board” and “State

Board” are defined by Section 2(6), (6A) and 2(25) respectively.

They are reproduced below:­

“2(6) “Director” means the Director of Education or

the Director of Technical Education [or the Director of
Vocational Education and Training] [or the Director
of Art] as the case may be, appointed as such by the
State Government;”

“2(6A) “Divisional Board” means the Divisional

Board established under the Maharashtra Secondary
and Higher Secondary Education Baords Act, 1965”

“2(25) “State Board” means­

(a) the Maharashtra State Board of Secondary
and Higher Secondary Education established under

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the Maharashtra Secondary and Higher Secondary

Education Boards Act, 1965;
(b) the Board of Technical Examinations,
Maharashtra State;
(c) the Maharashtra State Board of Vocational
Examinations; or
(d) the Art Examinations Committee”

3. A bare reading of the aforesaid provisions leaves no

manner of doubt that the Act applies only to private schools and

private schools are Schools, which are recognized by the Director of

Education appointed by the Government of Maharashtra or Divisional

Boards established under the Maharashtra Secondary and Higher

Secondary Education Boards Act, 1965.

4. This being the case, the petitioners­schools which are

recognized by the Central Board of Secondary Education, Delhi are

schools to which the Act has no application. In such circumstance, the

writ petition succeeds. Appeal No. STN/NGP/147 of 1992 instituted

by respondent no.2 before Presiding Officer, School Tribunal, Nagpur,

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challenging the notice of termination dated 04.06.1992 and

18.06.1992 and 18.06.1992 is hereby dismissed for want of

jurisdiction. Respondent no.2 may resort to such remedy as may be

advised in law.

Rule made absolute in the above terms. No order as to

costs.

JUDGE JUDGE

kahale

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