VIJAYA Vs. AURANGABAD

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Lovekar takes notice for Respondents Nos. 1 to 3. The petitions are directed against the order dated 28th April, 1987, by which the School Tribunal refused to grant stay pending consideration of appeals preferred by the Petitioners. The consideration which seems to have weighed with the Tribunal in refusing stay was that the posts were reserved for candidates from reserved categories and that the Petitioners were not trained teachers. We do not wish to say anything on merits of the case because the matter has to be decided by the school Tribunal. The point which is being pressed before us is that under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1978, the order of termination has to be passed by the school committee. Mr. Lovekar has not been able to point out to us that school committee, as required, was constituted and it passed the resolution which resulted in the termination of the Petitioners. However, this point again will have to be decided by the School Tribunal on merits and it is open to the parties to make their submissions before the School Tribunal in this respect. Since the point which has been stated before us was not considered by the Tribunal and the order refusing to grant stay proceeded on non-consideration of a material aspect, we find that it would be proper to grant stay to the order or termination passed against the Petitioners until the decision of appeals by the Tribunal and direct the School Tribunal to decide appeals pending before it within two months from today. Rule in both petitions made absolute in above terms. There will be no order as to costs.