ARTI VITHALRAO WARKHEDE Vs. EDUCATION OFFICER SECONDARY

JUDGEMENT

(1.) Rule returnable forthwith. Heard the learned Counsel for the parties by consent.

(2.) The petitioner has approached this Court against the order dated 11.4.2008 passed by the respondent No.l Education Officer rejecting the approval to her services as a Shikshan Sevak in the respondent no.5 school. The main contention in the petition is that the reason given for rejecting approval, namely, that the petitioner who is a reserved category candidate could not have been appointed in the post which was earlier occupied by an open category candidate is not correct.

(3.) However, consequent upon the rejection of the approval, the petitioner's services have been terminated with effect from 9.4.2008 and the petitioner challenged the termination initially before the Grievance Committee and thereafter, after an amendment to Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, the appeal is now pending before the Schools Tribunal. The question, therefore, that arises is whether the petitioner can challenge the rejection of her approval in the appeal which she has filed against her termination.