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1997 Supreme(Bom) 17

A.P.SHAH
K. P. Shukla and others – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - A.P. SHAH, J. :---The petitioner who are teachers of Shri Sanatan Dharm High School and Junior College, G.T.B. Nagar, Sion-Koliwada, Mumbai, are seeking a writ of mandamus to quash and set aside the order dated 10th October, 1991 passed by the State of Maharashtra according to the status of a minority educational institution to the said school. They are also seeking a writ of mandamus to prohibit the respondent No. 5 from functioning as Headmaster of the school and to direct the management of the school to prepare a seniority list of teaching staff as well as non-teaching staff in the school in accordance with the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Rules. 1981 ("Rules" for short) and to fill up the vacancies in posts of Headmaster, Assistant Headmaster and Supervisors in accordance with the seniority list of the teachers.

2.The facts of the case are simple and may be shortly stated. The petitioners are working as Assistant teachers in Shri Sanatan Dharm High School and Junior College, Sion-Koliwada, Mumbai. The said school is a fully aided school and receives 100% grants from the State Government. The school is administered




























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