The Court emphasized the importance of timely filing of appeals, the burden of proof on the petitioner, and the significance of the school's recognition status in determining the appeal's jurisdiction.

JUDGMENT - DHARMADHIKARI B.P., J.: - In this petition under Article 226 of Constitution of India, the petitioner/employee challenges the judgment and order dated 31-7-1992 passed by School Tribunal, Nagpur in an appeal under section 9 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, whereby the appeal filed by the petitioner/employee has been dismissed on merits as also on the ground of limitation.

2. Advocate HA Deshpande appearing for the petitioner points out that the petitioner was appointed as an Assistant teacher in July, 1979 to teach primary classes and in 1979 she worked in New Indira Convent School, Buddhanagar, Nagpur and in 1981 - 1982 she was working in Mahatma Gandhi Convent School, Vaishalinagar, Nagpur and in 1983-84, she again worked in New Indira Convent School and after 1984 she was working in Kai. Rajaram Badule Convent, Shende Nagar, Nagpur. She worked in academic sessions 1984-85, 1985-86 and 1986-87. He points out that she was sent on deputation for D.Ed. training in 1985 and she completed D.Ed. in 1986. He points out that earlier her qualifications were SSC with Pre D.Ed. The petitioner was not permitted to join her duties on 5th October, 1987 and, therefore, she made representations and after waiting for result thereof ultimately she filed an appeal before the School Tribunal under section 9 of the said Act on 2nd December, 1988. As there was delay, a separate application for its condonation was also moved.

3. The appeal was opposed by respondent/management, which pointed out that the services of petitioner were laminated at the end of academic sessions 1986-87 on 30th April, 1987 and she did not work in their school thereafter. The respondent/management has contended that she was working on temporary basis and was not qualified teacher. They have denied that she obtained D.Ed. qualification in 1986. They have stated that the petitioner is not an employee as defined under section 2(7) of MEPS Act and appeal filed by her was not maintainable as the school itself was not recognised till 1987.

4. The School Tribunal has heard both the sides had thereafter has delivered the impugned order on 31st July, 1992. The School Tribunal found that the delay in filling the appeal cannot be condoned and has further found that the impugned order of termination cannot be interfered with as the school at that time was unrecognised school and, therefore, provisions of MEPS Act and the rules framed thereunder were not applicable and the appeal itself was not maintainable. It, therefore, dismissed the appeal.

5. On the basis of above facts, Advocate Deshpande contends that the School Tribunal has given three reasons for dismissal of his appeal. First being delay; second being that the petitioner was not a trained teacher and the last is that the school was not recognised. He contends that in so far as question of condonation of delay is concerned, the petitioner was unwell from July, 1987 to October, 1987 and after getting cured, she reported to duties on 5-10-1987. In this connection he points out a representation dated 5-10-1987 made by petitioner to Education Officer, in which it is mentioned that along with doctor certificate, she reported for duties on 1-10-1987 and the Headmistress did not permit the petitioner to join the duties. It appears that taking cognizance of this letter, the Education Officer directed the management to permit the petitioner to join and as the management did not act as per the said direction of Education Officer, on 29-12-1987, the Education Officer again directed the management to permit the petitioner to join on duty and thereafter that otherwise recognition of school will be required to be cancelled. He points out that on 4-2-1988, the Education Officer directed Extension Officer (Education) of Zilla Parishad, Nagpur to go with petitioner in the said school and to see that the management permits her to join. He further points out that on 30th December

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