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2003 Supreme(Bom) 982

R.M.LODHA, S.B.DESHMUKH
Dattaraj Janraoji Nimkar – Appellant
Versus
Swargiya Sakharamji Shikshan Sanstha – Respondent


JUDGMENT

S. B. Deshmukh, J.

1. 1. The petitioners, whose services stand terminated on account of derecognition of Kakde Kanya Vidyalaya, a Secondary School (for Girls) run by the respondent No. 1, seek to challenge the vires of Rule 25(A) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (hereinafter referred to as the said Rules of 1981 for short) by filing this petition in this Court, along with some ancillary reliefs.

2. 2. Though the constitutional validity of Rule 25(A) of the said Rules of 1981, principally, is challenged in this petition, to understand the controversy for the said reliefs, few facts relevant need to be stated as under:--

Kakde Kanya Vidyalaya, Kalmeshwar, tahsil Kalmeshwar, district Nagpur, was established by the respondent No. 1 Swargiya Sakharamji Shikshan Sanstha (hereafter referred to as the Management for short) which is a registered Public Trust, also registered as Society under the provisions of the Societies Registration Act, 1860. The respondent No. 1

-Management, could get permission for the said Kakde Kanya Vidyalaya, Kalmeshwar, somewhere in the year 1984. Kakde Kanya Vidyalaya, was comprising of 5th to 10th stand























































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