A. B. CHAUDHARI, J. :- In W.P.Nos.722 of 2006 and 6162 of 2006 the learned Single Judge of this Court found that two Division Benches of this Court have taken divergent views as to whether the Head Master of a school is a chief Executive Officer (C.E.O.) as defined in Rule 2(c) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (for short M.E.P.S. Rules) for the purposes of holding disciplinary enquiry against the Head Master. In the wake of divergent views, learned Single Judge by order dated 31-8-2006 held that since there were conflicting decisions of this Court on the issue, it was necessary to have the legal position settled by a larger Bench. Accordingly, the papers were placed before the Hon'ble Chief Justice who was pleased to constitute the Full Bench and that is how the Reference is now required to be heard and decided by this Full Bench.

2. The questions which arise for our consideration and which are required to be answered by this Full Bench are framed as under:

(i) "Whether the Head Master of a school by virtue of his position as such becomes the Chief Executive Officer, as defined in Rule 2(c) of the M.E.P.S. Rules, 1981 as held in the

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