judgment

Leave granted. Heard learned counsel for the parties.

2. The appellant is a society running several educational institutions, one of which is a Mahila Mandal Higher Secondary School at Danaoli. The third respondent claims to be the only recognized Upper Division Teacher in the said school.

3. On the retirement of an earlier Principal of the School (Uma Gadvekar), the appellant by letter dated 29.6.2004, sought a clarification from the District Education Officer, as to whether the third respondent being the senior most teacher amongst the recognized staff should be appointed to the post of Principal. The District Education Officer sent a reply on 20.7.2004 stating that after 4.1.2000 the State Government was neither filling up the vacant posts in non-governmental institutions nor providing grant for the posts that were filled up and the institution may do so and bear the cost of running the institution. The District Education Officer, however, suggested that the third respondent may be permitted to work as In-charge Principal.

4. The appellant accordingly posted the third respondent as In-charge Principal on 21.7.2004. Thereafter the appellant transferred and posted the four