MUMBAI
The education inspector of the south zone BB Chauhan, has written to the deputy director of school education department, suggesting the state to cancel the NOC of five schools - The Bombay St Mary's Society (ICSE), The Cathedral And John Connon School, Activity High School, Diamond Jubilee High School and Bombay Scottish School. Why? These schools have violated the MEPS Act 1981 (The Maharashtra Employees of Private Schools {Conditions of Service}rules,1981), by employing teachers and support staff above 58 years of age. A copy of this letter is with dna.
How did the issue come to light?
The issue came to light, when activists Nana Kute Patil, president of Buland Maratha Chava Yuva Parishad, filed a complaint on July 2, 2014, to the education authorities that the five schools have violated the MEPS rules. On August 4, Chauhan, issued notice to the schools, to relieve their employees (teaching and non-teaching staff) and to send a report to the education dept.
How many schools replied?
Only the Cathedral And John Connon School had sent a report to the dept. The legal experts of Cathedral school stated that the rules of MEPS Act 1981, does not apply to them as they are ISCE affiliated school. The school had also requested the dept to take back the notice issued to them.
All boards applicable for MEPS Act?
According to the education dept, the school education and sports department, had framed a policy decision on August 9, 2009 for CBSE, ICSE, IB, IGCSE, CIE, affiliated schools. The policy states that all board management will have to mandatory follow the state's rules. Hence the MEPS Act is applicable to all boards in the state including the state board.
What did edu inspector say?
Chauhan said, "According to the MEPS Act, the schools have to follow the government's rules. And if they believe that their schools does not fall under the rules then they should put forward their explanation with documentation that supports their claims. If fail to present the documents, then the director can cancel their NOC."
Is the notice illegal?
SC Kedia, honorary secretary of unaided school forum, said, "In the TMA Pai case, the Supreme court has stated that the unaided private schools can have their own rules and regulations regarding the duration of their employees service. The SC directed the state to amend MEPS Act and all other rules in conformity with TMA Pai judgment. The state has not yet amended the MEPS Act. This is a contempt of court. The notice issued by Chauhan is illegal. If any action is taken by the education inspector then the unaided school forum will move to HC and SC."
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