SALIM GULAB MULLA Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Learned counsel appearing for the respondent waives service. By consent of parties, the petition is heard finally.

(2.) By this writ petition under Articles 226 and 227 of the Constitution of India, the petitioner has impugned the order passed by the Education Officer (Secondary), Zilla Parishad, Satara holding that the respondent no.4 is senior in service to the petitioner in the cadre of Assistant Teacher in the secondary school run by the respondent no.3 Society and directing the respondent no.3 to submit proposal of the respondent no.4 as Head Master to the Education Officer. The impugned order has been passed by the Education Officer in exercise of power under Rule 12 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (for short "the said MEPS Rules"). Some of the relevant facts for the purpose of deciding this petition are as under : -

(3.) The petitioner was born on 14th September 1960 and has passed M.A. B.Ed. and is duly qualified to be appointed as an Assistant Teacher in the secondary school. The respondent no.3 is the Education Institution registered under the provisions of the Bombay Public Trusts Act, 1950 and also the Societies Registration Act, 1860. The respondent no.3 is running a government recognised secondary school by name New English School at Mandhardeo, Taluka -Wai, District -Satara having classes Standard V to X. The said school was started in the academic year 1988 -89 on an unaided basis and it started receiving grant -in -aid from the government stage wise. The said school became fully aided in the year 1995 -96. The respondent no.2 is the Education Officer who has been appointed under the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (for short "the said MEPS Act").