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5. Earlier, the Education Department of the State of Maharashtra was saddled with the responsibility of promoting the welfare of the tribals. Lateron, it was the Social Welfare Department.

The societies / trusts were permitted to run the educational institutions, Ashram Schools and Post Basic Ashram Schools. In view of the policy of the State Government, some of the Ashram Schools and Post Basic Ashram Schools were getting the grant- in-aid from the State Government. However, at the relevant time, there were no Recruitment Rules for teaching and non-teaching staff working in the Ashram Schools and Post Basic Ashram Schools. Considering the lack of Recruitment Rules, the State Government came with the Resolution dated 18.11.1983. A Director was appointed by the State Government in the original Social Welfare Department. The communication issued by the Director, Social Welfare Department, Maharashtra State, Pune dt. 14.3.1984 is relevant.

In the reply affidavit filed on behalf of the State, it has been stated that by this communication dt.14.3.1984 and in view of the Government Resolution dated 18.11.1983, instructions have been issued in relation to the qualification, eligibility, pay scale, age limit and other service conditions for the teaching and non-teaching staff in the Ashram Schools. The Ashram Schools were contemplated initially not only for extending educational facilities to the children belonging to the tribals but were also contemplated for making available accommodation to them. Various guidelines were issued, as we have mentioned herein above, for the appointment of the members of the staff.

6. In view of the availability of hostel accommodation by the aided societies, appointment of the Hostel Superintendent / Superintendent was also felt necessary. Earlier qualification of the Hostel Superintendent was considered as S.S.C., D.Ed. and for such person appointed on the post of Hostel Superintendent, salary offered was in the pay scale of Rs.290-540. The Government Resolution dated 17.8.1991 is annexed with the writ petition. In due course of time, the State has accepted the recommendations of the IV Pay Commission to the members of the teaching and non-teaching staff working in the Ashram Schools. This Government Resolution dated 17.8.1991 makes a reference to the existing pay scales of the various members of the staff working in the Ashram Schools and Post Basic Ashram Schools and the revised pay scales sanctioned by the State Government to them.

12. On behalf of the State, our attention has been drawn to the affidavit in reply. In this affidavit in reply, briefly stated, it has been contended that earlier posts of Hostel Superintendents and teachers working in the Ashram Schools and Post Basic Ashram Schools were inter changeable. According to the State, persons working as Hostel Superintendents in the same management could be transferred to another Ashram Schools as a teacher and vice versa. Secondly, duties assigned to the teachers and work to be performed by the teachers is altogether different than all the persons appointed and /or working as Hostel Superintendents. Reference to various recommendations of IV and V Pay Commissions have also made in this reply. State has also accepted that relaxation of qualification i.e. removal of condition that the person must have obtained D.Ed. has been done away. According to the State, the Social Welfare Department and Tribal Development Departments are independent and they are having their own policies. It has been further contended in this reply affidavit that there is a reasonable nexus with the object sought to be achieved while making the Government Resolution pertaining to cut of date i.e. 5.2.2000. In other words, corrigendum, which is being attacked by the petitioners is being supported by the State in this affidavit in reply.