POOJA YOGESH SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with the consent of the parties.

(2.) The present petition is at the instance of the Petitioner No. 1 a Shikshan Sevak and the Petitioner No.2 Management. By the present petition, Petitioners challenge the impugned order dtd. 25/11/2022 passed by Respondent No. 3 (at Exh. H), refusing to grant approval, to the appointment of Petitioner No. 1, as Shikshan Sevak in the aided school of Petitioner No. 2 ("impugned order"). Petitioners seek the following substantive reliefs :

(3.) The case of the Petitioners as set out in the Petition, inter alia, is that:- Petitioner No. 1 belongs to open category; Petitioner No. 1 completed education in the stream Bachelor of Arts (English) and B.Ed. (Eng/History); Petitioner No. 2 is a linguistic (Hindi) Minority Educational Institute and is registered under the Maharashtra Public Trust Act 1950 and Societies Registration Act, 1860, thus Petitioner No. 2 has the status of minority educational institution within the meaning of Sec. 2(g) of the National Commission for Minority Educational Institution Act 2004; Petitioner No. 2 has 3 schools, out of which two are primary schools and one is secondary school; all the said three schools are receiving 100% grant in aid from the State Government; the appointment of Petitioner No. 1 is made in the secondary school by name Shanti Hindi High School at Shivaji Nagar, Valdhuni Kalyan, Thane having classes of standard 8 to 10 (said school); the service conditions of the teaching and non-teaching employees working in the said school are governed by the provisions of Maharashtra Employees of Private Schools (Conditions of Rules) Regulation Act 1977 (MEPS Act) and the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (MEPS Rules); one permanent and approved teacher working in the said school by name Smt. Sadhana Raman Hushe, was to retire on attaining the age of superannuation with effect from 28/02/2022 and therefore, sanctioned post of the teacher was to fall vacant in the said school.