SHOBHA KAILASH BONEKAR Vs. CANTONMENT EXECUTIVE OFFICER

JUDGEMENT

(1.) WRIT Petition no. 721 of 2006 is filed by a teacher working in a primary school run by the Cantonment board at Ahmednagar. The respondent no. 3 to the said writ petition is another teacher working in the said school and claims to be senior to the petitioner. The petitioner was promoted to the post of Head Mistress by the order dated 17. 2. 2005 issued by the Cantonment Board. That order was challenged by respondent no. 3 by filing Appeal No. 20 of 2005 before the school Tribunal at Solapur, under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulations Act, 1977 (for short, "meps Act" ). The School Tribunal allowed that appeal by its judgment and order dated 6. 1. 2006 and set-aside the order promoting the petitioner. This petition is filed to challenge the said order of the School tribunal.

(2.) THE connected Writ Petition no. 3403 of 2006 is filed by the Chief Executive officer of the Cantonment Board, Ahmednagar, to challenge the very order passed by the School tribunal. Since both the above writ petitions challenge the same order and the parties are common they have been directed to be heard together and are accordingly heard and are being decided together.

(3.) THE petitioners in both these writ petitions challenge the order passed by the school Tribunal on various grounds. One of the grounds and the principle one amongst them has been that the School Tribunal has no jurisdiction to entertain the Appeal under section 9 of MEPS Act in the matters of the teachers employed under the Cantonment boards concerning the disciplinary action against them. They have submitted that MEPS act applies to the recruitment and conditions of service of the employees in private schools in the State and that the schools run by the cantonment Boards are not governed under the said Act.