ANITA Vs. UPALE RAYAT SHIKSHAN SANSTHA UPALE

JUDGEMENT

(1.) This LPA raises an arguable question and, therefore, it is admitted and taken up for final hearing by consent of parties, forthwith.

(2.) It challenges the order passed by the learned Single Judge, dismissing the writ petition, preferred by the appellant, bearing W.P. No. 6381 of 2010 by the order under challenge dated 21st March, 2011. The learned Single Judge, in dismissing the writ petition, has confirmed the order passed by the Presiding Officer, School Tribunal, Solapur dated 9.9.2009, in Misc. Application No. 11 of 2009.

(3.) The petitioner/appellant, approached the School Tribunal by way of filing an appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service and Regulation) Act, 1977, (for short, "the MEPS Act"), questioned the action of the management in refusing to permit her to sign the muster roll since 18th July, 2008. Since she terms this as a termination or dismissal from service, that she was advised that the same furnished a cause of action to approach the competent School Tribunal. That she did, by filing the appeal. However, that appeal was barred by limitation. The period of limitation is 30 days, but the appeal was delayed by 217 days. Naturally, therefore, she had to make an application, setting out as to why the appeal was delayed. She, therefore, filed Miscellaneous Application No. 11 of 2009 and pointed out the cause. The cause shown was that she was employed in Haribhau Ghogre High School on temporary basis as a Shikshan Sevak, from 18.7.2005. Her services were approved by respondent No.3 to the appeal w.e.f. 18.7.2005. She continued to teach the subjects which were assigned to her and her work was also satisfactory in her opinion. Since she completed the requisite period of 3 years for being absorbed as Assistant Teacher, the management demanded a Caste Verification Certificate from her.