This Reference has been made on account of conflict of views expressed by the Division Benches of this Court regarding the powers of the School Tribunal constituted under the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (hereinafter referred to as “Act”/”MEPS ACT” for short). Conflict of Views :

2. In Writ Petition filed by the Children's Education Uplift Society against Shri Narayan H. Sukhaja bearing W.P.No.463 of 1983, decided on 12.8.1987 (unreported), the Division Bench has taken the view, that it is open for the School Management to lead evidence before the School Tribunal to prove misconduct of the employee, in the following words: “5. However, the Tribunal has erred in setting aside the order of termination of the services and granting reinstatement only on that ground. Once the Tribunal came to the conclusion that the constitution of the committee was improper, the correct course was either to order a fresh inquiry with the constitution of a new committee, or to hold the inquiry itself into the merits of the charges. It appears that the Tribunal is not aware of its powers under the Act. Sections 10 and 1