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It is the specific stand taken in the affidavit by the Deputy Director of Education that Rule 26 of the MEPS Rules does not apply to a Part Time Teacher, as he does not possess any status of permanency. It is the further stand taken that in the recruitment of Full Time Teachers, the School Management has to follow the roster and recruitment procedure contained in Rule 5 (which should be Section 5) of the MEPS Act, 1977, whereas in the recruitment of the Part Time Teachers, the School Management does not have to follow the roster and the recruitment procedure contained in Rule 5 (Section 5) of the MEPS Act, 1977. It is wp5140.13.odt admitted by the Deputy Director of Education that he had orally instructed the Management that Part Time Teachers have no protection and hence Rule 26 of the MEPS Rules does not apply.

Question No.(1) :

14. Section 5 of the MEPS Act, by an amendment introduced by Section 11 of the Maharashtra Act No.XIV of 2007, is reproduced below :

wp5140.13.odt "5. Certain obligations of Management of private Schools.

The provision of sub-section (1) of Section 5 does not make any distinction between a part time and a full time permanent vacancy. It cannot, therefore, be read in a restricted sense. There can be a part time appointment in a part time permanent vacancy and a full time appointment in a full time permanent vacancy.

Chapter III in Schedule "B" under the MEPS Rules deals with the qualifications of a Full Time and a Part Time Teachers, which are the same. Thus, it is essential that a Part Time Teacher should also possess the qualifications for being appointed as a Full Time wp5140.13.odt Teacher. There is no basis to hold that an appointment of a Part Time Teacher is not governed by sub-section (1) of Section 5 of the MEPS Act. If there is a permanent vacancy of a Part Time Teacher, then recruitment therein shall be governed by sub-section (1) of Section 5 of the MEPS Act and such appointment can be treated as an appointment in a permanent vacancy. Thus, question No.(1) is answered accordingly.

Question No.(2) :

16. An appointment in a permanent vacancy of a Part Time Teacher or a Full Time Teacher may be made on probation in terms of sub-section (2) of Section 5 of the MEPS Act. If the appointment is as a Teacher other than Shikshan Sevak, it shall, upon continuation in service after satisfactory completion of two years' period of probation, be deemed to have been confirmed. In wp5140.13.odt case of an appointment as a Shikshan Sevak in a permanent vacancy, either as a Full Time Teacher or a Part Time Teacher, it shall be deemed to have been confirmed upon continuation in service, after completion of satisfactory service of three years in terms of sub-section (2A) of Section 5 of the MEPS Act. It cannot, therefore, be said that a Part Time Teacher working in a part time permanent vacancy cannot acquire a deemed confirmation in service. Question No.(2) is, therefore, answered accordingly.