YOGESH CHANDRAKANT GAWALI AND ORS v. THE STATE OF MAHARASHTRA THROU. THE SEC. SCHOOL EDUCATION DEPT AND ORS
Prohibition of Appointing Assistant Teachers in Unaided Schools as Shikshan Sevaks on Honorarium Contrary to Declared Pay Scales and Merit List.
Court: Bombay High Court
Citation: 2026:BHC-AS:10003-DB
Decision Date: 18-02-2026
List of Laws
Constitution of India, Article 226; Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977; Government Resolution (School Education Department) dated 13.10.2000; Government Resolution (School Education Department) dated 26.04.2006; Principles of Model Employer and Doctrine of Waiver
- Facts: The Petitioners, who are B.Ed. graduates and qualified via the Teachers’ Aptitude and Intelligence Test (TAIT), applied for the post of Assistant Teachers in Marathi medium secondary schools (Standards 9 and 10) operated by the Pimpri-Chinchwad Municipal Corporation (PCMC). The recruitment process was conducted through the state’s "Pavitra Portal". Following their selection, the General Merit List specifically designated their posts as "unaided" and explicitly mentioned an applicable pay scale (S-14) under the 7th Pay Commission. However, the Respondent-Corporation issued appointment orders designating them as "Shikshan Sevaks" on a fixed consolidated honorarium of Rs. 18,000 per month for a three-year probationary period, rather than appointing them as Assistant Teachers on the regular pay scale. The Corporation compelled the Petitioners to sign undertakings accepting these terms. The Petitioners challenged this, noting that the Shikshan Sevak Scheme applies only to 100% grant-in-aid schools, not unaided establishments.
- Procedural Posture: The Petitioners filed Writ Petitions under Article 226 of the Constitution of India before the Bombay High Court seeking a Writ of Mandamus to direct the Corporation to issue appointment orders as Full Time Assistant Teachers on the regular pay scale from the date of their initial appointment.
- Issue: Whether a Municipal Corporation can appoint candidates as "Shikshan Sevaks" on a fixed honorarium when they were selected through a statutory process for the post of "Assistant Teachers" in unaided sections with a prescribed pay scale?
- Holding: No, the Corporation cannot issue appointment orders contrary to the advertisement and the Merit List. The Court directed the recall of the erroneous orders and the issuance of fresh orders as Assistant Teachers on the regular pay scale.
- Reasoning: The Court reasoned that the "Shikshan Sevak Scheme" is legally applicable only to 100% grant-in-aid schools as per Government Resolutions dated 13.10.2000 and 26.04.2006. Since the Petitioners were appointed to unaided sections, they were entitled to the pay scale prescribed by law. The Court observed that the Corporation acted as an unethical employer by using its superior bargaining power to coerce "young, unemployed youth" into signing undertakings. Such undertakings were deemed to be obtained under "coercion and duress" and constituted an illegal "contracting out" of statutory provisions. The Court held that once a candidate is selected for a specific post with a specific pay scale, the appointment order cannot deviate from those terms.
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