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2004 Supreme(Bom) 193

RANJANA DESAI, D.S.ZOTING
Shaikh Badarunnisa Begum Shaikh Abbas – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - Smt. DESAI RANJANA, J.:—In this petition, the petitioner has prayed for a declaration that a complaint under section 13(1) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 ("the said Act" for short) is maintainable before the Judicial Magistrate, First Class. She has also prayed that necessary directions be issued to the concerned Magistrate to entertain and try her complaint.

2.The petitioner was working as Headmistress of Urdu High School run by respondents 1 and 2 at Osmanabad. Her services were terminated on 2-3-02 in view of the enquiry conducted by the management. The petitioner filed Appeal No. 30 of 2002 in the School Tribunal at Aurangabad ("the Tribunal" for short), challenging the legality of the said order. The said appeal was allowed the termination order was quashed and respondents 1 to 3 i.e. the State of Maharashtra, President of Shams Education Society, Rais Galli, Osmanabad and secretary of the said Society respectively were directed to reinstate the petitioner in service with backwages by order dated 30-9-03.

3.According to the petitioner, she made number of applications to the respondents requesting them that



















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