PRAMOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal raises a question of law as to whether as a senior most lecturer in a private Polytechnic Institution administered by Shri Shiva Ji Education Society-Respondent No.4, the appellant is entitled to be considered for appointment to the post of Principal because it is required to be made only by promotion by virtue of Rule 3 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (for brevity the 'MEPS Rules') framed under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (for brevity the 'MEPS Act').

(3.) Although the seniority, qualification and eligibility of the appellant for appointment to the post of Principal was not under question before the Division Bench of the High Court, before us an attempt was made not only to oppose the appellant's claim on the basis of impugned judgment under appeal which holds that under the law appointment is not necessarily by promotion alone, it can be also by nomination, i.e., direct recruitment, but also to contest the claim of the appellant on the ground of qualification as well as his age. The issue of age has arisen due to subsequent development. On account of passage of time, when this matter was already pending before this Court, the appellant completed 60 years and was made to superannuate on 31.3.2015. Since there was an order of status quo in appellant's favour, contempt petition was also filed but instead of pressing the same, Mr. C.U. Singh, learned senior counsel for the appellant has preferred to argue the main matter itself. Before answering the question of law, noticed earlier, the relevant facts may be noted in brief.