MILLAT EDUCATION SOCIETY Vs. EDUCATION OFFICER

JUDGEMENT

(1.) The petitioner No.2 was employed on the post of Peon on 1-3-2006 in the vacancy caused due to death of one Shakeel Ahmad Nazmuddin on 20-2-2006. Prior to his employment, one post out of three posts of Peon was declared surplus by the Government Resolution dated 25-11-2005. In this background, the petitioners have filed the present petition challenging the rejection of approval to the employment of the petitioner No.2 by the Education Officer on 19-10-2006 on account of reduction in the number of vacancies from three to two posts of Peon.

(2.) Shri Akshay Naik, the learned counsel appearing for the petitioners, has urged before us that in terms of sub-section (2) of Section 3 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 ("the MEPS Act"), the Management had notified the name of Shakeel Ahmad Nazmuddin as Peon, which was accepted by the Deputy Director of Education by his communication dated 9-1-2006. The employment of the petitioner No.2 was in the vacancy caused due to death of Shakeel Ahmad Nazmuddin and, therefore, the petitioner No.2 was required to be protected and one of the other persons working on the post of Peon not notified, was required to be declared surplus. Ms Khan, the learned Assistant Government Pleader appearing for respondentEducation Officer, submits that the protection is to the persons notified under sub-section (2) of Section 3 of the MEPS Act and not to the posts.

(3.) Sub-section (2) of Section 3 of the MEPS Act being relevant, is reproduced below :