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Issues: (i) Whether the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, so far as pay scales of teachers are concerned, apply to minority and non-minority private unaided schools; (ii) whether the Maharashtra Employees of Private Schools (Conditions of Service) (Amendment) Rules, 2016 are enforceable; (iii) whether the writ petitions filed by the Assistant Teachers are maintainable; (iv) whether the doctrine of contracting out can justify denial of the prescribed pay scales.
Issue (i): Whether the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, so far as pay scales of teachers are concerned, apply to minority and non-minority private unaided schools.
Analysis: The statutory scheme was read as applying to all private schools in the State. The provisions governing pay scales were held to be regulatory in nature and not restricted to aided institutions. The absence of grant-in-aid was held to be irrelevant, and no distinction was accepted between minority and non-minority schools for the purpose of pay scales.
Conclusion: The provisions apply to minority as well as non-minority private unaided schools in respect of teachers' pay scales.
Issue (ii): Whether the Maharashtra Employees of Private Schools (Conditions of Service) (Amendment) Rules, 2016 are enforceable.
Analysis: Section 16(4) was treated as a laying provision subject to negative resolution and, therefore, directory. The Amended Rules were previously published and came into force on publication in the Official Gazette. Non-laying before the Legislature did not invalidate the rules unless modified or annulled.
Conclusion: The Amended Rules of 2016 are enforceable from the date of their publication in the Official Gazette.
Issue (iii): Whether the writ petitions filed by the Assistant Teachers are maintainable.
Analysis: Where a statute casts a duty on private educational institutions to pay the prescribed scales, enforcement through writ jurisdiction is permissible. The right claimed was statutory, and the High Court's jurisdiction under Article 226 was held wide enough to compel compliance.
Conclusion: The writ petitions are maintainable.
Issue (iv): Whether the doctrine of contracting out can justify denial of the prescribed pay scales.
Analysis: A teacher may waive a statutory benefit only by clear and voluntary consent. On the facts, the teachers before the Court had not validly abandoned their claim to the prescribed scales. The defence of contracting out could not defeat the statutory entitlement, though excess recovery from employees due to wrong fixation was impermissible.
Conclusion: Contracting out could not justify denial of the prescribed pay scales on the facts of the case.
Final Conclusion: The statutory pay-scale regime was held applicable to the petitioners, the 2016 amendment was held operative, the writ remedy was sustained, and the institutions were directed to refix pay and pay arrears while being restrained from recovering excess amounts already paid due to wrong fixation.
Ratio Decidendi: A statutory provision regulating service conditions and pay scales of private school employees is enforceable against aided and unaided institutions alike, and a laying clause that is directory does not postpone the validity of rules made and published under the enabling statute.
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