ORAL JUDGMENT :- Rule, made returnable forthwith. Counsel appearing for the respondents waive service. By consent and at the request of the learned counsel taken up for hearing and final disposal.

2. The issue which arises before the Court in these proceedings under Article 226 of the Constitution is whether an employee of an Industrial Training Institute can prefer an appeal under section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 to the Tribunal constituted thereunder. Under sub-section (1) of section 9 an appeal can be filed before the Tribunal by "any employee in a private school". An appeal lies against an order of dismissal, removal or termination, a reduction in rank or supersession while granting promotions. Therefore, unless a person is an employee of a private school, an appeal cannot be maintained before the Tribunal.

3. The expression "Private School" is defined by section 2(20) of the Act as follows:

"2(20) 'Private School' means a recognized school established or administered by a Management other than the Government or a local authority."

The definition postulates that in order to be a private school, the school has

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