Court : Mumbai Aurangabad
..... my attention is invited to section 1 of the bombay primary education act, 1947, which itself clarify that the provisions of the bombay primary education act are applicable to the extent of the bombay area of the state of maharashtra, ..... this court had answered the reference to the effect that if a private primary school is recognised by a body or officer referred to in section 39(2) of the bombay primary education act, it will not be governed by the provisions of m.e.p.s. ..... (supra), as also reference is made to the provisions of bombay primary education act, so as to hold that the school tribunal had no jurisdiction to ..... the present case, first of all the provisions of bombay primary education act, 1947 are not at all attracted, as the private school, which was recognised and receiving 100% government grant is situated in osmanabad, taluka and district osmanabad and not in bombay area so as to attract the provisions of bombay primary education act, 1947. ..... the part of respondent that the school run by police kalyan shikshan prasarak mandal in the name and style as "little star primary school, osmanabad" is aided, controlled and supervised by director of education (primary), zilla parishad, osmanabad, receiving 100% grant. ..... -school is recognised within the meaning of section 2(20) of the maharashtra employees of private schools (conditions of service) regulation act (hereinafter referred to as m.e.p.s.act). ..... act and the employee working in such school cannot file an appeal under section .....
Tag this Judgment!Court : Mumbai Aurangabad
..... all these petitions also contain a prayer to declare part of section 18(1),18(5),19(1) and 19(5) of the right of children to free and compulsory education act,2009 (referred to as 2009 act, hereafter) to the extent the same do not allow to establish or function a school without obtaining a certificate of recognition ultra-vires and violative of ..... act, educational institutions are classified into three categories, namely, state institutions, local authority institutions and private institutions and granting of permission for the establishment of educational institutions is governed by section ..... were filed by the state of andhra pradesh challenging the decision of the division bench of the high court of andhra pradesh in writ appeals partly confirming the judgment of the learned single judge and holding section 20(3)(a)(i) of the andhra pradesh education act, 1982 (in short the a.p. ..... far as private unaided educational institutions are concerned, the court held that maximum autonomy has to be with the management with regard to administration, including the right of appointment, disciplinary powers, admission of students and the fee to be charged, etc. ..... protected under article 19(1)(g) are fundamental in nature, inherent and are sacred and valuable rights of citizens which can be abridged only to the extent that is necessary to ensure public peace, health, morality, etc. ..... is also informed that state had decided to consider population, number of existing schools, gross enrolment ratio etc. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... all these petitions also contain a prayer to declare part of section 18(1),18(5),19(1) and 19(5) of the right of children to free and compulsory education act,2009 (referred to as 2009 act, hereafter) to the extent the same do not allow to establish or function a school without obtaining a certificate of recognition ultra-vires and violative of ..... act, educational institutions are classified into three categories, namely, state institutions, local authority institutions and private institutions and granting of permission for the establishment of educational institutions is governed by section ..... filed by the state of andhra pradesh challenging the decision of the division bench of the high court of andhra pradesh in writ appeals partly confirming the judgment of the learned single judge and holding section 20(3)(a)(i) of the andhra pradesh education act, 1982 (in short the a.p. ..... far as private unaided educational institutions are concerned, the court held that maximum autonomy has to be with the management with regard to administration, including the right of appointment, disciplinary powers, admission of students and the fee to be charged, etc. ..... protected under article 19(1)(g) are fundamental in nature, inherent and are sacred and valuable rights of citizens which can be abridged only to the extent that is necessary to ensure public peace, health, morality, etc. ..... is also informed that state had decided to consider population, number of existing schools, gross enrolment ratio etc. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... aforementioned clause 4 of the said government resolution, it is provided that, the concerned institution should apply under section 5 (1) of the said act to the education officer/education inspector/deputy director of education, as the case may be. ..... on undisputed position, which is discussed in the foregoing paragraphs, violation of the statutory provisions under section 5 (1) of the meps act and also the government resolution, which was issued keeping in view the directions given by the high court to the state government to streamline the procedure for the appointments of the employees in the institutions so as to bring complete transparency and accountability, the headmaster giving go bye to the aforementioned provisions and excluding, may be hundreds of ..... the division bench of the bombay high court, bench at aurangabad, in the case of priyadarshini education trust (supra), while considering and interpreting the provisions of section 5 of the maharashtra employees of private schools (conditions of service) regulation act, has taken a view that: duly appointed, in the manner prescribed would be an appointment of a person who is eligible (qualified for the post) for appointment, who is selected by due process ..... therefore, in our considered view, the deputy director of education consciously or subconsciously in breach of the provisions of section 5 (1) of the meps act, and also the aforementioned government resolution dated 06.02.2012 has granted approval to the appointment .....
Tag this Judgment!Court : Mumbai Aurangabad
..... appointed in schools - (1) no person who is a manager or member or other office bearer of the managing body, if any referred to in rule 2, shall be eligible for any appointment in that school or any other school under the same educational agency : provided that managers or members, or other office-bearers of the managing body working as teachers including headmasters when these rules come into force, may continue to do so : provided further that the sub-rule (1) does ..... in the light of the cases dealt with by this court under the meps act and the rules, the time has come for the state of maharashtra to create some embargo or restriction on the private managements of the school and educational institutions from recruiting their kith and kin in the same school. ..... this judgment, i am constrained to observe on the tendency of the management of private educational institutions appointing their close relatives in the same institution and terminating inservice teachers on frivolous grounds only to pave way for recruiting their kith and ..... maharashtra and others in wp no.9076/2016 decided on 31/08/2016, this court has directed the principal secretary, department of school education and sports, state of maharashtra, mantralaya, mumbai-32 to ensure the scrupulous compliance of the proviso to section 5(1) and thereby mandate the private schools to absorb the eligible surplus teachers from the list maintained by the zilla parishad. ..... daughters, son-in-law, daughter-in-law, brother, sister etc. ..... etc .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the provisions of the right of children to free and compulsory education act, 2009, which has come into force from 1st april, 2010, would supersede the provisions of the secondary schools code. ..... there is no dispute that the petitioners are the linguistic minority institutions running the schools for imparting education to the children of muslim community mainly in urdu medium. ..... however, the said government resolution has not been made applicable to the petitioner institutions and they have been treated at par with the general category schools. ..... by making government resolution dated 15th november, 2011 applicable to the petitioner institutions, their fundamental right of equality under article 14 of the constitution of india has been infringed. 5. ..... according to him, the petitioners being minority institutions, the schools run by them are governed by the provisions of the secondary schools code. ..... he then submits that the petitioner institutions have been subjected to discrimination by not treating them at par with the schools that are being run in tribal and hilly areas. ..... the learned counsel for the petitioners submits that the petitioners are the minority institutions running the schools in urdu medium. ..... however, though the petitioners-institutions are running the primary/secondary schools in urdu medium and were being treated at par with the schools in tribal areas, the condition of minimum strength of the students has not been relaxed in respect of the petitioner institutions. 4. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... support of the writ petition, learned counsel for the petitioners argued that the petitioners are a education society registered under the provisions of the bombay public trusts act, 1950 and it does not receive any grant-in-aid from the government nor it is funded by ..... in our mind that all the colleges receiving grants-in-aid from the government of maharashtra or from the central government will have to be treated as public authority as defined in section 2 (h) of the right to information act, 2005 because such colleges directly or indirectly receive the grants-in-aid from the government(s). ..... we, therefore, uphold the notification dated 12.9.2008 annexure i, issued by the joint director of higher education, nagpur division, nagpur and consequently, we also uphold the judgment and order made by the state ..... the petitioners have admitted in paragraph no.5 that the colleges and institutions run by the petitioners are receiving grants-in-aid. ..... the non-government schools/colleges/institutions receiving grants-in-aid either from the state government or the central government are fully covered by the definition of public authority and such schools/colleges are covered by the provisions of the right to information act, 2005. ..... that the petitioner-trust did not receive a single rupee from the state and the aided is provided by the government to the institutions administered by petitioner-society."7. ..... "it is only colleges and institutions run by the petitioner-trust are receiving grant-in-aid .....
Tag this Judgment!Court : Mumbai Aurangabad
..... adhiyaman educational and research institute reported in 1995(4) scc 104 the supreme court has taken a view that while interpreting the provisions of aicte act and the university act, if any conflict is noticed, it is not the university act but the central act will prevail and to that extent the provisions of the university act will be deemed to have become unenforceable ..... petitioner vehemently contends that all india council of technical education act, 1987 is inacted with an object to improve technical education system throughout the country and various authorities under the aicte act have been given exclusive responsibility to coordinate and determine the studies of higher education. ..... it is a specialised body constituted for the purpose of bringing uniformity in technical education all over the country and to ensure that the institutions which are recognised by the aicte are possessed of complete infrastructure, staff and other facilities and are capable of maintaining education standards for imparting technical education. 27. ..... the consistent view of this court has been that where both parliament and state legislature have the power to legislate, the central act shall take precedence in the matters which are covered by such legislation and the state enactments shall pave way for such legislations to the extent they are in conflict or ..... statutes like the present one as well as the national council for teachers education act, 1993, the medical council of india act, 1956, etc. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the committee, the state has taken a decision to issue following 17 directions: hindi 7 the petitioners contend that directives contained in the government resolution are contrary to the provisions of (i) right of children to free and compulsory education act, 2009 (for short, the rte act ) and the rules framed by the state of maharashtra thereunder; (ii) bombay primary education act, 1947 and the rules framed thereunder; (iii) maharashtra employees of private schools (conditions of service) regulation ..... a state does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications as laid down under sub-section (1) are not available in sufficient numbers, the central government may, if it deems necessary, by notification, relax the minimum qualifications required for appointment as a teacher, for such period not exceeding five years, as may be specified in that notification: provided that a teacher who, at the commencement of this act, does not possess minimum qualifications ..... the event of the employee opting to get repatriated to the original school, he shall be restored to his original position in pay, seniority, etc. ..... may be done by various ways like self evaluation, peer evaluation, etc. ..... employee may be retrenched from service by the management on account of reduction of establishment owing to reduction in the number of classes or divisions, fall in the number of pupils resulting in reduction of establishments; etc. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... a state does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications as laid down under sub-section (1) are not available in sufficient numbers, the central government may, if it deems necessary, by notification, relax the minimum qualifications required for appointment as a teacher, for such period, not exceeding five years, as may be specified in that notification: provided that a teacher who, at the commencement of this act, does not possess minimum ..... , in the light of the discussion herein above, it has to be concluded that, the petitioners were appointed as part time instructors for (a) art education, (b) health and physical education and (c) work education ..... time instructors in art education, health and physical education and work education need to receive at least half of pay scales prescribed for full time teachers in subject such as science and mathematics, social studies, languages etc. ..... 2011 issued by under secretary, school education and sports department, mantralaya, mumbai and submits that, under the circumstances the state of maharashtra regularized the services of the para teachers in small helmets such as vasti, wadi, pada, tanda etc. ..... part-time instructors in art education, health and physical education and work education need to receive at least half of the pay-scales prescribed for full time teachers in subjects, such as science and mathematics, social studies, languages etc. .....
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