SUSHEELA SADASHIV MANDE Vs. SECRETARY LATTE EDUCATION SOCIETY

JUDGEMENT

(1.) The Petitioner impugns the judgement and order dated 3-2-1998 rendered by the School Tribunal, kolhapur dismissing Appeal No.115 of 1992 filed by the Petitioner. The Petitioner at the relevant time possessed the qualifications of M.A. B.Ed. and was appointed for the first time as an Assistant Teacher in the primary school w.e.f. 7-7-1989 and till the end of the academic year i.e. 30-4-1992. Similar appointments were given to her in the next two academic years i.e. 1990-91 and 1991-92. By notice dated 30-4-1992 she was informed that her tenure would come to an end by efflux of time and the said notice was challenged in Appeal No. 115/1992 filed under Section 9 of the MEPS Act, 1977 (the Act for short).

(2.) By the impugned Judgement the School Tribunal has held against the appellant/petitioner for the following reasons:-

(3.) The Full Bench of this Court in the case of Jayshree Sunil Chavan v/s. The State of Maharashtra (2000 (3) 605) has held that for the appointment as assistant teachers in the private schools, the candidates must possess the D.Ed. qualifications and graduate teachers with B.Ed. are not eligible for appointment in the primary schools. The law laid down by this Court, therefore, confirms the view taken by the School Tribunal in the instant case. The School Tribunal held that the petitioner could not be treated as a deemed permanent teacher within the meaning of Section 5(2) of the Act and she was discontinued on completion of her tenure in the academic year 1991-92.