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2005 Supreme(Bom) 1774

Kamal – Appellant
Versus
Sawate Education Society, Belkhed – Respondent


( 1 ) CHALLENGE in this writ petition, filed by employee of a Private School, is to the judgment dated 30-04-1994 delivered by respondent No. 5 School Tribunal in an appeal under Section 9 of Maharashtra employees of Private Schools (Conditions of service) Regulation Act, 1977, dismissing said appeal. It is not in dispute that the service conditions of employees of Private Schools are regulated by said Act (hereinafter REFERRED TO as MEPS Act for short and rules as (MEPS rules) framed thereunder ).

( 2 ) AS is apparent from Judgment of school Tribunal, the present petitioner approached it with grievance that her claim for promotion as Headmistress has been superseded by appointing present respondent no. 3 on that post. The basic facts are not in dispute and even the contention of present petitioner that she is senior than respondent no. 3 as Assistant Teacher is also not in dispute. The petitioner joined the services of present respondents No. 1 and 2 as Assistant Teacher on 24-06-1986 and in fact she officiated as headmistress during 1986-1987. She was already holding qualification of B. A. , B. Ed. while joining. Present respondent No. 3 was also holding qualifications of B. Sc.







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