ORAL JUDGEMENT:- .

Rule. Learned Advocates for respective respondents waive service. Heard parties by consent.

These writ petitions are by the State of Maharashtra and they are directed against the order of the School Tribunal dated 3rd November 2007 in a batch of appeals preferred by the employees. The appeals of the employees/teachers have been allowed in the following terms:-

"a) The Respondent No.1 and 2 to forward the name of appellant as surplus teacher due to reduction in workload to the Respondent No.3 within a period of thirty days from the date of this order.

b) The Respondent No.3 is directed to absorb the appellant as surplus teacher in another aided Junior College in the City of Mumbai. Till then the Department shall pay the salary to the appellant."

2. The petitions are filed by the State of Maharashtra through the Secretary, Department of School Education and Sports and the Director and Dy.Director of Education, Greater Mumbai Region. Secretary. Petitioners state that respondent No.1 in each of these petitions is the original appellant and respondent Nos. 2 and 3 are the respective respondents (Management). They are Original Appellants and the Respondents before the Tribunal. Later on, the Deputy Director of Education is also impleaded as party to the proceedings before the Tribunal.

3. The petitioners have stated that the teachers approached the Tribunal in the facts and circumstances more particularly mentioned in the memo of petition.

4. Respondent No.2 is a Chairman/Secretary of a Registered Public Trust. That is an Educational Trust viz., Laxmi Education Society. It is managing two Degree/senior colleges and two Junior colleges. The first one is known as Sheth L.U.Zaveri and Sir M.V.College of Arts, Science and Commerce. The second is known as Chinai College of Commerce, Andheri. The other respondents before the Tribunal are the Principals of these colleges. The colleges are aided and recognised by the Education Department of State of Maharashtra.

5. The petition proceeds on the basis that the respondent No.2 Trust decided to close down the junior colleges and therefore sought permission by letter dated 23rd March 2007 from the Dy.Director of Education. The Dy.Director of Education informed respondent No.2 by a letter dated 29th March 2007 that the permission sought is refused. It was however decided by the Trust that the Junior College will be conducted upto the second term of academic year 2007 - 2008. The Trust decided not to grant any admission to the students for 11th std. in the academic year 2007-08.

6. The petition proceeds to state that two junior colleges can accommodate 120 students per division as per rules laid down by the Government. There are Four (4) divisions in Science, Two (2) in Arts and Eight (8) in Commerce sanctioned by the petitioners, for Junior colleges. As against the total intake capacity of 1560 Students for the academic year 2007-08, respondent No.2 admitted only 135 students.

7. It is in these circumstances that a termination notice dated 13th June 2007 came to be issued to the teachers. The termination notice reads thus:- ."Notice under Section 25A/26 of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981.

You are employed by the Sheth L.U.J. & Sir M.V.College of Arts, Science & Commerce, Andheri (East), Mumbai 400 069, run by the Laxmi Education Society as a Teacher in the subject of Chemistry. 2. The Laxmi Education Society has decided to close down the Junior Colleges run by it as under: (a) XIth Std. of the Colleges would be closed down at the end of the first term of the academic year 2007-2008. (b) XIIth Std. of the Colleges would be closed down by the end of the second term of the academic year 2007-2008. (c) The Junior Colleges would be completely closed down at the end of the second term of the academic year 2007-2008.

In view of the closure of the Junior College wherein you are employed as above, your services would no longer be required be

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