JUDGMENT - Mrs. SUJATA MANOHAR, J.:---The 1st respondent I.K. Kripalani is the Head Master of A.M. Kewalramani Premier High School, Sion East, Bombay, 400 022. This school is run by Premier Education Society (the 1st petitioner). This is a society registered under the Society Registration Act as well as under the Bombay Public Trusts Act. The said school was first founded at Karachi (Sind) in 1935. After the partition of the country the school had to be closed down at Karachi. It was started a fresh at Bombay and is established and administered by a minority community of Sindhies . It is an accepted position that this is a private school run by a minority community.

2. Under section 3(2) of the Maharashtra Employees of private Schools (Conditions of Service) Regulation Act, 1977 the management of the school as such minority school has notified the names of three persons employed in the school including the Head of the school to the Deputy Director of Education for the purposes of the said Act.

3. In November 1985 the 1st respondent was the Assistant Head Master of the said school. In November 1985 in view of the impending of the Head Master of the said school the said Society constituted a Selection Committee to appoint the Head, the Assistant Head and the Supervisor of the said school. The Selection Committee at its meeting held on 27th November, 1985 appointed the 1st respondent who was then the Assistant Head, as the Head Master of the school, on probation in the first instance for a period of two years with effect from the afternoon of 30th November, 1985. The Selection Committee also selected the Assistant Head Master and Supervisor at the said meeting. Pursuant to the selection so made the President of the Society addressed a letter dated 30th November, 1985 to the 1st respondent informing him that he was being appointed Head Master of the Secondary and Higher Secondary Departments of the said School on probation in the first instance for two years which is likely to be extended for such further period as the School Management may in its sole and absolute discretion determine.

4. The letter also made it clear that the school being a minority school the 1st respondent would be bound by its terms and conditions of service and rules and regulations for the members of the staff which had already been accepted by the 1st respondent. The 1st respondent was also informed that he would have to discharged his administrative and academic duties as well as any other functions under the superintendence and control of N.C. Mankani who was appointed by the School Management to be in over-all charge of the various departments of the school. A copy of the minutes of the Selection Committee meeting of 27th November, 1985 were annexed to the letter and the 1st respondent was asked to sign and return the same. He was also asked to convey his acceptance of the appointment so made.

5. The 1st respondent accepted the said appointment. He also signed a copy of the minutes of the Selection Committee meeting of 27th November, 1985. He thereafter worked as the Head Master of the said school. The appointments made in accordance with the minutes of the Selection Committee meeting of 27th November, 1985 were sent to the Education Inspector, Greater Bombay for approval. By his letter dated 20th February, 1986 the Education Officer approved the three appointments so made under section 3 sub-section (2) of the Maharashtra Employees of Private School (Conditions of Service) Regulation Act, 1977.

6. By its letter of 13th April, 1987 the said Society informed the 1st respondent that the Managing Board had considered his performance during his probationary period and had decided to extend his probationary period further by one week with effect from 1st December, 1987 with an added caution that he would show radical improvement in his functioning. Despite this extention, however,

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