BHARTIYA VIDYA BHAVAN Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The petitioners have questioned applicability of Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977 (hereinafter referred to as the "Act") and, therefore, the tenability of the appeal filed against them by a teacher, whose services are terminated. The petitioner is a School affiliated to the Central Board of Secondary Education, Delhi and runs three schools in Nagpur. The petitionerManagement terminated the services of respondent no.2, who, thereafter, has approached the School Tribunal under Section 9 of the Act. The Tribunal took cognizance of the appeal and issued notice to the petitioner. The petitioner approached this Court questioning the applicability of the Act and tenability of the appeal. There is no dispute that the petitioner no.2 is a School, which is affiliated to the Central Board of Secondary Education, Delhi. It is, thus, not a School recognized by the Director, Divisional Board or any such Board or by any Officer recognized by State Government or by the Boards, which alone qualifies for being treated as a private school governed by the provision of this Act.

(2.) To decide the controversy in question, it is necessary to look into the relevant provisions of the Act. Section 3 (1) of the Act, which defines the application of this Act reads as follows:

(3.) A bare reading of the aforesaid provisions leaves no manner of doubt that the Act applies only to private schools and private schools are Schools, which are recognized by the Director of Education appointed by the Government of Maharashtra or Divisional Boards established under the Maharashtra Secondary and Higher Secondary Education Boards Act, 1965.