(1.) Rule; with the consent of Counsel for the parties returnable forthwith. With the consent of Counsel and at their request the Petition is taken up for hearing and final disposal.
(2.) The Petitioner was appointed as an Assistant Teacher in the Primary Section of the Fifth Respondent on 18 June 1984. On 17 October 1994, she was promoted as Headmistress of the Primary Section. On 2 August 2004, the management issued a notice to show cause to the Petitioner, to which the Petitioner responded by her letter dated 25 August 2004. A statement of allegations was served by the management on 1 October 2004 and a formal charge sheet was issued on 20 November 2004. The Petitioner submitted her reply to the charge sheet and denied the allegations. An Enquiry Committee was constituted for the purpose of conducting disciplinary proceedings and on 25 July 2005, the Committee submitted its findings, holding that the charges were proved. The Petitioner was terminated from service on 7 August 2005. On 2 September 2005, the Petitioner filed an appeal before the School Tribunal at Kolhapur. By an order dated 21 January 2012, the appeal was dismissed on the ground that the Tribunal had no jurisdiction to entertain an appeal against an order of termination passed by the management of a Primary School governed by the provisions of the Bombay Primary Education Act, 1947. In coming to this conclusion, the Tribunal has relied upon a judgment of a Full Bench of this Court in Komal Rugwani vs. State of Maharashtra., 2011 4 BCR 459(FB)
(3.) The Bombay Primary Education Act, 1947 came into effect on 29 January 1948. The legislature in the State of Maharashtra enacted the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act). The Act came into force on 15 July 1981. Parliament enacted the Right of Children to Free and Compulsory Education Act, 2009 which was published in the Gazette of India on 27 August 2009. On 9 June 2011, a Full Bench of this Court held in Komal Rugwani's case that the School Tribunal constituted under the MEPS Act had no jurisdiction to entertain an appeal filed by a primary teacher as primary schools governed by the Bombay Primary Education Act, 1947 are not "recognised schools". On 11 October 2011, the State Government made the Maharashtra Right of Children to Free and Compulsory Education Rules, 2011 under which jurisdiction to entertain appeals by primary school teachers in respect of matters referred to in Rule 20, was conferred upon the School Tribunal constituted under the MEPS Act.