SANGOPAN SHIKSHAN SANSTHA Vs. VANDANA HARISHCHANDRA BHALERAO

JUDGEMENT

(1.) By this Writ Petition filed under Article 227 of the Constitution of India, the petitioners are challenging the legality and correctness of the impugned order dtd. 17/4/2023 passed below Exhibit 22 in Appeal No.17 of 2021 by the learned Additional School Tribunal, Navi Mumbai. By the said impugned order, the School Tribunal rejected the petitioners' application (Exhibit 22), wherein the petitioners had raised a preliminary objection contending that the Tribunal ought not to proceed with the hearing of the Appeal until rules regarding service conditions of teachers employed in private primary schools -- not governed by the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (" MEPS Act ") and the Rules framed thereunder -- are framed by the State Government.

(2.) The facts necessary for adjudication of the present writ petition are that -- Petitioner No.1 is an educational institution registered under the provisions of the Maharashtra Public Trusts Act, 1950 . Petitioner No.1 is running Petitioner No.2-School, which is a primary school imparting education at the elementary level. The said school was granted formal recognition by Respondent No.2-School Board by order dtd. 11/3/1998. The recognition was granted under the Bombay Primary Education Act, 1947 and the Bombay Primary Education Rules, 1949, which governed the functioning of primary schools at the relevant time.

(3.) On or about 17/12/2019, Respondent No.1, who claims to have been employed in Petitioner No.2-School, filed an appeal before the Additional School Tribunal, Navi Mumbai under Sec. 9 of the MEPS Act. In the said appeal, Respondent No.1 challenged her alleged otherwise termination with effect from 3/6/2004 and prayed for reinstatement with continuity of service and full back wages. Since there was delay in filing the appeal, Respondent No.1 also filed an application seeking condonation of delay, which came to be allowed, and the appeal was thereafter registered as Appeal No.17 of 2021.