Oral Judgment: (B.P. Dharmadhikari, J.)

The present writ petition in fact challenges the common judgment dated 25.08.1997 delivered by the School Tribunal in Appeal Nos. 51 of 1996, 52 of 1996, 54 of 1996 and 58 of 1996. However, the petitioner management has also sought a writ for quashing certain part of Rule 27 sub-rule (d) of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (hereinafter referred to as 1981 Rules). In view of this challenge, the matter has been placed before the Division Bench.

2. In order to avoid unnecessary facts, it is appropriate to state two challenges raised before us by the petitioner. First challenge is, after introduction of Rule 25-A in 1981 rules with effect from 20th October 1987, the termination of services of employees in a School which is derecognized by the department is automatic and it is not subject to Rule 26. Hence, such termination, being not retrenchment, cannot be subjected to provisions of Rule 27, particularly rule 27(d). Though, rule 26 has been amended to remove such termination from it because of its incorporation in Rule 25-A, corresponding amendment has not been effected in Rule 27(d) and hen