NIRMALA REVAPPA PATTANSHETTI Vs. MAHADEV RAMCHANDRA MALI

JUDGEMENT

(1.) This letters patent appeal is directed against the order dated 23.8.2000 passed by the learned Single Judge of this Court in Writ Petition no. 3792 of 2000 by which the writ petition was rejected at the stage of admission. In the writ petition, the appellant had impugned the judgment and order dated 23.6.2000 of the Presiding Officer, additional School Tribunal, Pune Region, Solapur in appeal No. 71 of 1998. Respondent no. 1 had filed the said appeal challenging his reduction in rank from the post of Head to the post of Assistant teacher.

(2.) The school tribunal by its judgment and order dated 23.6.2000 declared an appointment of the appellant as Head Mistress of Shri Santa Damaji mahavidyalaya, Mangalwedha, the school run by respondent no. 2 (for short "the school") , to be illegal and against the provisions of the maharashtra Employees of Private Schools (Conditions of service) Regulation Act, 1977 (for short "the Act") and the rules made in that behalf and further directed to restore respondent no. 1 to his original post of Head of the school and granting all benefits attached to the said post.

(3.) Respondent No. 2 - Shri Vidya Vikas Mandal, mangalwedha (for short "the institution or management") started the school in the year 1985-86. It was initially started on a non-grant basis. Subsequently, from the year 1988, the school started receiving partial grant-in-aid and from 1991-92 it became a 100% grantable school. Admittedly, right from the inception, the appellant was appointed as an Assistant Teacher in the school i. e. from 22.10. 1985. She had already passed her b. A. , B. Ed and was thus fully qualified to be appointed as a trained Assistant Teacher.