Published on: May 15, 2024 10:55 IST
Court: High Court of Bombay
Case: Marathwada Education Society v. Dr Babasaheb University (2023) 1 HCC (Bom) 779
Honourable High Court of Bombay has held that Definition of “Teacher” includes Principal. It is held that Principal is essentially a teacher but has to discharge additional administrative duties and is the representative of the College to University, Department of Education, to public at large, etc.
It is further held that Principal though is a teacher does not get same grade of pay considering the duties to be discharged by the principal.
17. Section 2(61) of the Act of 2016 provides definition for teachers. Going by the definition the principal is within its ambit. It is a common knowledge that a principal is essentially a teacher but has to discharge additional administrative duties. Principal is administrative head. He is representative of the college to the university, Department of Education, to the public at large, etc. The grade pay of the principal is distinct from the grade pay of the teacher. Considering the duties to be discharged by the principal, he is placed on a highest pedestal. There is no equal grade pay for the principal and other teachers.
20. In order to ensure adequate representation of the reserved categories in the direct recruitment in the teachers cadre in the educational institutions the Government considered it expedient to enact a law. Section 2(o) of the Act of 2021 defines “teachers cadre” with a qualification that they are to be remunerated at the same grade of pay. In other words, if there is different grade of pay then an incumbent may not be covered by teachers’ cadre.
The same can be said to be a condition precedent because the same qualifying clause is also adopted in a notification issued under Section 3(1) of the Act of 2021. As stated earlier Clause 1 starts with the words “All sanctioned posts in a teachers cadre (in the same scale of pay) in all subjects in the educational institutions established, maintained or aided by the State Government…”. The principal though is a teacher does not get same grade of pay. The post cannot be included in a teachers’ cadre.
Drafted By Abhijit Mishra