Savita Arjunsingh Advani v. The President, Shankar Education Society And ORS

914-WP-8910-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8910 OF 2024 Savita Arjunsingh Advani

...Petitioner

Versus

The President, Shankar Education Society And Ors.

...Respondents

------ Mr. Girish R. Agrawal a/w Ms. Naina B. a/w Mr. Shubham Jangam for the Petitioner.

Mr. J. P. Patil A.G.P. for the Respondent Nos.3 & 4 - State. -------

CORAM

:

AVINASH G. GHAROTE, J.

DATE :

3rd JULY 2024 P.C.

:

1.

The otherwise termination of the petitioner, as the petitioner was not permitted to join service after her leave was challenged before the School Tribunal in an appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 ("MEPS Act" for short), which has been dismissed by the impugned judgment dated 22.03.2024 (Page- 127) on the ground that the appointment of the petitioner as an Assistant Teacher is for the academic year 1997-98 was Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2024.07.03 18:27:19 +0530 purely on the temporary basis and therefore the petitioner had no SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar

914-WP-8910-2024.doc right to continue as the appointment was not done by following procedure under Section 5 of the MEPS Act. Inviting my attention to service book (Page-13) it is contended that the petitioner was appointed on permanent basis from the academic session in 1999-2000 which entry continues till 2007-2008 and even thereafter. In view of which it is contended that the findings rendered by the learned School Tribunal stands vitiated. 2.

Issue notice for final disposal returnable on 13th August, 2024.

3.

learned A.G.P. waives notice for respondent Nos.3 & 4. 4.

Call for Record and Proceedings.

(AVINASH G. GHAROTE, J.) Sajakali Jamadar