SOW RATNAMALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this writ petition, petitioner challenges suspension order dated 3.9.2007, passed by Respondent No.4 while claiming to be the President of the trust. She also prays for quashment of show cause notice dated 7.8.2007 issued to her. As a consequential relief, the petitioner seeks directions to Respondent No. 4 to continue her as headmistress of the school.

(2.) The petitioner is a trained teacher within the meaning of Rule 2(k) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules 1981 (henceforth, "MEPS Rules" for brevity's sake). Respondent No. 4 is a society registered under the Societies Registration Act, 1860 and also as a public trust under Bombay Public Trusts Act, 1950 (""BPT Act" for short). Husband of the petitioner, namely, Sudhakar Pralhad Kulkarni, was one of the founder members of the said society which was established in the year 1969. As on today, petitioner's husband is the only surviving founder member. Other founder members have either expired or are removed by the orders of the court. One Laxmikant Sontakke, who was one of the founder members, is disqualified.

(3.) A detailed reply is filed on behalf of Respondent No.4, contending as under.