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2022 Supreme(Bom) 158

G.S.KULKARNI
Sonali Mallikarjun Bedgnur – Appellant
Versus
Secretary, Dnyansampada Shikshan Prasarak Mandal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ajay A. Joshi.
For the Respondents: Mr. Shrishail Sakhare, Mr. S.D. Rayrikar.

JUDGMENT :

G.S. KULKARNI, J.

1. This petition under Article 227 of the Constitution of India challenges the judgment and order dated 22 April 2019 passed by the learned Presiding Officer, School Tribunal, Solapur, dismissing the petitioner’s appeal filed under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (for short ‘the MEPS Act’) which assailed her removal from service as an assistant teacher.

2. The relevant facts are : An advertisement dated 2 June 2007 was issued by respondent no. 1-Dnyansampada Shikshan Prasarak Mandal (for short ‘the management’) to fill up vacancies interalia, to the posts of teaching staff. The posts being that of a Headmaster, Assistant Teachers for Mathematics, Hindi, English and Psychology. Together with these posts, there were three posts of teachers which required the candidate to possess a qualification of D.Ed. which included a post reserved for a candidate belonging to the Nomadic Tribe (N.T.) category.

3. It is not in dispute that the petitioner had made an application under the said adverti

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