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Judgment
S.A. Bobde, J.—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 petitioner-Management terminated the services of respondent No. 2, who, thereafter, has approached the School Tribunal u/s 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.
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:
Application of Act: (1) The provisions of this Act shall apply to all private schools in the State of Maharashtra, whether receiving any grant-in-aid 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:
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 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
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.
This being the case, the petitioners-schools 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, 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.