P.R. Bora, J.

1. Heard finally with the consent of Shri Naik, learned counsel for the petitioners and Mrs. Maldhure, learned Assistant Government Pleader for the respondents, by issuing Rule and making it returnable forthwith.

2. Refusal by the respondents to the proposal submitted by the petitioners in regard to re-employment of Petitioner No. 1 beyond the age of superannuation on the post of Head Master of Shah Babu High School and Junior College, Patur, a School run by Petitioner No. 2, is under challenge in the present petition.

3. Petitioner No. 2 is a Minority Education Institute registered under the provisions of the Societies Registration Act, 1860, as well as Bombay Public Trust Act, 1950. Petitioner No. 1 is a Head Master of Shah Babu High School and Junior College, Patur. Petitioner No. 1 was appointed as Head Master of the said School on 01.07.1992 and since then he continuously worked on the said post. Petitioner No. 1 was to retire on 30.06.2007 on attaining his age of superannuation. However, since the retirement date was coming in the middle of Academic Session and also considering the excellent service and outstanding record of Petitioner No. 1, Petitioner N