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Graduate Pay Scale to Subject Teachers of RTE Act

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The petitioners were appointed as subject teachers in the schools of Zilla Parishads for Class 6 to 8 under the Right to Education Act.

As per the policy in the Government Circular dated 13.10.2016 under the RTE Act, there has to be at least one teacher per class at least for Science, Mathematics, Social Studies and languages for every 35 students and given graduate teacher pay scale.

However, clause 3 has restricted the said pay scale to 1/3rd Teachers as per their seniority.

The petitioners, therefore, filed writ petitions challenging validity of clause 3 of the Government Circular dated 13.10.2016 and for grant of graduate teachers’ pay scale.

HELD that clause 3 of the Government Circular dated 13.10.2016 restricting the graduate pay scale to one out of three teachers appointed under the RTE Act, as per seniority, is violative of equal pay for equal work and Article 14 of the Constitution of India.

Judgment dated 8.5.2026 of the High Court of Bombay, Bench at Nagpur, in Writ Petition No.5563 of 2022 of Ganesh Mahadeo Asekar and others   Vs.    The State of Maharashtra and others with connected writ petitions.

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