JUDGMENT :

1. By this petition, a teacher whose claim for appointment as a Headmistress of a school had been rejected by the School Tribunal by the impugned judgment on the following reasons:

i. Petitioner was not available on the establishment on the date of appointment of respondent no.2 as a Headmistress.

ii. Petitioner had not made her claim on the post of Headmistress.

iii. The aggrieved employee by appointment under Rule 3(5) of the Maharashtra Employees of Private Schools (Condition of Service) Regulation Rules, 1981 (for short, ‘MEPS”) has remedy to challenge such appointment to Deputy Director of Education under Rule 3(6) of the MEPS and hence Appeal under S.9 is not maintainable.

2. The facts relevant for the adjudication of the petition are as under:

(a) The petitioner was appointed as a trained graduate teacher on 09.08.1984, who holds qualification BA, BEd. However, on 06.05.1988, the services of the petitioner were terminated. The petitioner challenged the termination by way of appeal before the School Tribunal, and School Tribunal, by order dated 21.06.1988, granted a stay to the termination. The order of stay of termination was in force till 13.12.1990.

(b) In the meantim