R.K. Deshpande, J.

1. All these petitions are filed by the Managements of the private schools receiving grant-in-aid, either partially or completely, from the State Government challenging Clause 5 of the notification dated 22-6-2017 by which sub-rules (2A) and (2B) are introduced under Rule 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981 as violative of the fundamental right to carry on the occupation of Education, as guaranteed by Article 19(1)(g) of the Constitution of India, to the extent it encroaches upon the autonomy and priviledge of the Management to select and appoint the teachers in the school. The challenge is also to Clause 3.6 in Para 3 of the Government Resolution dated 23-6-2017, which binds the Management to make the appointments to the teaching posts in order of merit from the list prepared of the candidates successful in the Eligibility and/or Aptitude test conducted by the State Government.

2. The recruitment and the terms and conditions of service of the teaching as well as non-teaching employees working in private aided or non-aided schools in the State of Maharashtra are governed by the provisions of the