H. L. GOKHALE, J.

( 1 ) THIS Letters Patent appeal seeks to challenge the order passed by a Single Judge on 9th February, 2004 dismissing the writ petition filed by the Appellant herein to challenge the decision and order of the Respondent No. 5 herein, Presiding Officer of the School Tribunal dated 23rd June, 2003. That decision of the Respondent No. 5 dismissed the Appeal filed by the Appellant herein to the school Tribunal wherein he had challenged his reversion from the post of Head Master to that of the Assistant Teacher under the order dated 1st May, 2003 issued by the Respondent No. 2, secretary of the concerned educational institution, whereunder the Respondent No. 4 was promoted to the post of Head Master. Respondent No. 1 to this Appeal is the concerned school through its Head Master and Respondent no. 3 is the Educational Officer (Secondary) of the Zilla Parishad, Thane.

( 2 ) THE short facts leading to this appeal are as follows :- balak Mandir Sanstha is an Educational institution situated at Kalyan in District Thane which runs two schools; one is a Marathi medium School known as Cap. R. M. Oak school and the other is an English Medium school which is started much later in 1995. The Appellant herein joined in this Marathi medium School as an Assistant Teacher on 2nd july, 1982. He belongs to the Thakur Scheduled tribe. On 3rd December 1984, he was promoted as an Assistant Head Master initially on a probation of two years. His appointment came to be duly approved by the Respondent no. 3 herein on 8th April, 1985. Having become an Assistant Head Master, the Petitioner moved in a position higher to the other Assistant teachers and, therefore, came to be included in what is known as Category "b" to Schedule- f under the Maharashtra Employees of Private schools (Conditions of Service) Rules, 1981 (hereinafter referred to as "the MEPS Rules" ). There is no dispute that the conditions of service of the teachers in the 1st Respondent School are governed under the Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977 (hereinafter referred to as "the MEPS act" ). It is material to note that at no point of time was the elevation of the Appellant to the post of Assistant Head Master challenged by any of the teachers of the school. It is further material to note that the Appellant had not applied for his elevation.

( 3 ) IT so happened that the Head mistress of the said school one Smt. Karmarkar retired on account of superannuation in september, 1992. Since the Appellant was the assistant Head Master, he was eligible to be considered for the post of Head Master. One smt. Sharayu Duraphe, an Assistant Teacher, at that point of time filed a writ petition in the high Court being Writ Petition No. 3744 of 1992 contending that the post of Head Master was an isolated post and the vacancy could not be filled by promoting a candidate from a reserved category. In this petition, an order came to be passed in terms of the minutes on 9th October 1992 which reads as follows :-

"minutes of Order (l)It is agreed that as and when the vacancy of Assistant Head Master occurs in the School, the 5th Respondent may be appointed in the said post subject to the result of the present Petition and subject to the rights and contentions of the Petitioner in this petition. Respondent No. 5 and respondent No. 6 may be appointed as assistant Head and Head Master of the school if they are entitled as per rules and subject to the result of the Petition. (2) The Petitioner's present status as supervisor will not be disturbed pursuant to the impugned orders advocate for Advocate for the respondent Petitioner. Nos. 5 and 6. " (Emphasis supplied)THE Appellant herein was Respondent No. 6 in that writ petition. Subsequently, the Appellant came to be promoted as the Head Master on 21st November, 1992, though initially on probation with effect from 1st October, 1992. His appointment was duly approved by respondent No. 3 on 11th February,