JUDGMENT - VAGYANI B.B., J. (For self and for BAGGA A.S., J.):---Heard.

2. Shri Bhalchandra Bhagwan Kalwade, petitioner in Writ Petition No. 3158 of 1991 was appointed as an Assistant Teacher in Kanya Vidya Mandir High School, Ahmednagar conducted by Nav Vidya Prasarak Mandal. The petitioner was promoted as a Supervisor in June 1979 and his promotion was approved by the Education Officer on 16th October, 1980. By resolution of the Management dated 15-3-1991, the petitioner was further promoted as an Assistant Head Master w.e.f. 30-4-1991 and the petitioner resumed the charge of the said post w.e.f 1st May, 1991. The proposal for approval to the appointment of the petitioner as an Assistant Head Master was sent to the Director of Education, Maharashtra State, Pune who by letter dated 3rd September 1991, rejected the approval. The approval was rejected on the ground that Kanya Vidya Mandir High School was a girls high school and that being so, only a lady teacher should be appointed as an Assistant Head Mistress. The said refusal was based upon Rule 3 read with Rule 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules of 1981 (for the purpose of brevity, MEP

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