(D.K.DESHMUKH, J.) : Two questions which have been referred to us for decisions are, (i) Whether the Government Resolution dated 15th April, 1991 is valid in view of the provisions in the MEPS Act and Rules framed thereunder? & (ii) Whether Schedule `F' to the Rules Kambli 2 Wp1688.10 issued under the Act provides for promotion or it provides merely a preference to be given in appointment?

2. These questions arise in following factual background, The Respondent No.4-Shri Shivaji Shikshan Prasarak Mandal has established a junior college at Barshi. It is an admitted position before us that the said junior college is a private school within the meaning of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (hereinafter referred to as the "Act"). The Petitioner was appointed as a peon in the Respondent No.5-Junior College with effect from 29th April, 1994. The post of Junior clerk in the said college became vacant in August, 2003. By order dated 31st March, 2008 the Respondent No.4 promoted Kambli 3 Wp1688.10 the Petitioner to the post of junior clerk with effect from 1-4-2008. The Petitioner joined the post on 1-4-2008. The Respondents Nos.