HEMANT Vs. POLICE KALYAN SHIKSHAN PRASARAK MANDAL

JUDGEMENT

(1.) Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. The petitioner questions order dated 7th March, 2013 below Exh. 9/A in Appeal No. 64/2012 passed by learned Presiding Officer, School Tribunal, Solapur, whereby learned Presiding Officer was pleased to dismiss the appeal on preliminary point of jurisdiction.

(2.) Facts, which are germane can briefly be stated thus:

(3.) The petitioner contended that the respondent-school is recognised within the meaning of section 2(20) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act (hereinafter referred to as M.E.P.S. Act). It was specifically contended before the Tribunal that there was an admission on the part of respondent that the school run by Police Kalyan Shikshan Prasarak Mandal in the name and style as "Little Star Primary School, Osmanabad" is aided, controlled and supervised by Director of Education (Primary), Zilla Parishad, Osmanabad, receiving 100% grant. The fact that the petitioner was terminated as per the provisions of M.E.P.S. Act was also not in dispute. Even under these circumstances, reliance is placed upon the ruling in Komal vs. State of Maharashtra, 2011 4 MhLJ 301 , as also reference is made to the provisions of Bombay Primary Education Act, so as to hold that the School Tribunal had no jurisdiction to entertain the appeal.