Replying to the debate, Chief Minister Narayan Rane said in view of the threat from a section of teachers, it was necessary to invoke the provisions of the Maharashtra Maintenance of Essential Services Ordinance to ensure smooth conduct of examinations as well as declaration of results on the scheduled date.

``From media reports, it appeared that the agitated teachers were planning to resort to a go-slow agitation during the evaluation of answer papers. Therefore, to protect the interest of 22 lakh students for the SSC and HSC examination and their parents, we have prohibitedthem from resorting to a strike,'' Rane said.

The Chief Minister said his Government was already burdened by the Fifth Pay Commission recommendations and it would thus not be possible to meet the teachers' demands. ``We had to make arrangements for Rs 3,800 crore for the 16 lakh employees of the State Government following implementation of the Fifth Pay Commission recommendations. If we implement the same for all sectors, the additional burden will be more than Rs 1,500 crore,'' Rane said.

He said initially, the teachers informed him that the actual burden would be Rs 50 crore if their demands are accepted, but when he had a prolonged meeting with them, it was found that the burden was to the order of Rs 105 crore. ``We are still prepared to hold talks with them, but they should not hold the government and the students to ransom,'' Rane said.

Rane assured the members that the resolution would not be misused against the teachers, and would be invoked only when it was found that either the examination orthe process of declaration of results was likely to be disturbed.

While Communist Party member Narsaiyya Adam and Samajwadi Party member Sohail Lokhandwala opposed the resolution, Rane found unexpected support from former speaker and senior Congress member Shankarrao Jagtap.

Jagtap said although resorting to bandhs and strikes was a democratic right, strikes and lockouts by the teaching or medical fraternity were not acceptable. ``We should never support a strike by teachers or doctors as it will have an adverse impact on society,'' Jagtap said.

Leader of the Opposition Madhukar Pichad asked the Government to examine why the teachers had to take the ``extreme step of launching such a massive agitation.''

Pichad said, ``I feel the government is responsible for such a situation since it failed to address the grievances of teachers.''

R R Patil rejected the arguments advanced by the Chief Minister that the State Government was unable to bear the additional financial burden. ``The Government is spendinghuge amounts on ministers, and has also waived a premium of Rs 80 crore for leading five-star hotels, but when it comes to teachers' demands, it says its financial situation is not good. Such an argument is unacceptable.''

Walkout in Council

Teachers' representatives in the Legislative Council today staged a walkout twice in protest against the State Government's decision to classify their services as `essential' and prohibiting them from going on strike.

Members B T Deshmukh, Kishor Kashikar, Vyankappa Patki and others walked out of the House saying the Maharashtra Essential Maintenance Ordinance, 1999, which was promulgated by Governor Dr P C Alexander, was a ``black ordinance'' for teachers. The Council, however, passed it in the absence of teachers' representatives.

The agitating members grilled Education Minister Sudhir Joshi on the Government's failure to revise the teachers' pay scales according to the Fifth Pay Commission recommendations. They also focussed on demonstrations staged byteachers across the State and how all government authorities, including ministers, have failed to understand their plight.

The ordinance is applicable to teachers attached to junior colleges, primary, secondary and higher secondary schools, class I and II officers of the Maharashtra Educational Service and divisional boards of the Maharashtra State Secondary and Higher Secondary School Certificate Examination Board.

The ordinance has categorised teaching as an essential service and hence, prohibits teachers from going on strike or boycotting work related to the smooth conduct of examinations in the State.

The most important effect of the ordinance is that it brings teaching under the purview of the Essential Services and Commodities Act. The Act provides rigorous imprisonment as well as a fine to an offender. If proved guilty under the Act, a teacher may lose his job as well.

Joshi said teaching was not ``just another profession'' and should not be confused with other services. He added that the fateof lakhs of students in different stages of education was at stake due to the teachers' strike and their decision to boycott assessment of answer papers. He said issues should be resolved amicably.