Zenith S/O Pritamlal Patle vs Rahul Bahuddeshiya Shikshan ...
2023 Latest Caselaw 5579 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                         WRIT PETITION NO. 6513/2019
                            Zenith s/o Prtamlal Patle
                                       Vs.
                  Rahul Bahuddeshya Shikshan Sanstha and others

Office Notes, Office Memoranda                      Court's or Judge's orders
of Coram, Appearances, Court's
orders or directions and Regis-
trar's orders

                          Mr. J.S. Wankhede, Advocate for petitioner
                          Ms. P.D. Rane, Adv. for Respondent Nos.1 and 2

                                                 CORAM:           AVINASH G. GHAROTE, J.

DATED : 14th JUNE, 2023

The petition questions the judgment passed by the learned School Tribunal dated 02/03/2019, dismissing the appeal under Section 11(1) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act) on the ground that the employees of the primary Ashram School running classes from 1 st to 7th std. cannot approach the School Tribunal.

2. In Latika Rajaram Mane Vs. State of Maharashtra and others 2013(4) Mh.L.J. 244, the changes occurring in the light of the Right to Education Act and Rules framed thereunder have been considered and it has been held that on account of the recognition a right to appeal is provided to the teachers of primary schools in respect of decisions in view of Rule 20.

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3. This has been followed in Shri Hansh Shikshan Krida and Vyam Prasarak Mandal Vs. Laxman Maroti Raut and another in Writ Petition No.3330/2019 decided on 21/9/2020. It would therefore, be apparent that the employees of private Schools would be entitled to approach the School Tribunal in respect of a grievance as per Rule 20 as per rules framed under Right to Education Act. In view of this, the impugned order is quashed and set aside and the matter is remitted back to the learned School Tribunal for decision according to law.

4. The petition is disposed of in the above terms. No costs.

JUDGE

MP Deshpande