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3. The Bombay Primary Education Act, 1947 came into effect on 29 January 1948. The legislature in the State of Maharashtra enacted the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act). The Act came into force on 15 July 1981.

Parliament enacted the Right of Children to Free and Compulsory Education Act, 2009 which was published in the Gazette of India on 27 August 2009. On 9 June 2011, a Full Bench of this Court held in Komal Rugwani's case (supra) that the School Tribunal constituted under the MEPS Act had no jurisdiction to entertain an appeal filed by a primary teacher as primary schools governed by the Bombay Primary Education Act, 1947 are not "recognised schools". On 11 October 2011, the State Government made the Maharashtra Right of Children to Free and Compulsory Education Rules, 2011 under which jurisdiction to entertain appeals by primary school teachers in respect of matters referred to in Rule 20, was conferred upon the School 1 2011(4) Bom.C.R.459 (FB) VBC 3/17 wp4673.12-22.4 Tribunal constituted under the MEPS Act.

4. The present petition before the Court forms part of a batch of Writ Petitions in which the central issue relates to the jurisdiction of the School Tribunal constituted under the MEPS Act, 1977 to entertain appeals in respect of grievances of primary school teachers as a result of the enactment of the Right to Education Act and the Rules framed by the State Government conferring a right of appeal before the School Tribunal. As the facts in the present case would indicate, the appeal in the case of the Petitioner was filed on 2 September 2005, prior to the enforcement of the Central Act. The appeal was dismissed by the School Tribunal for want of jurisdiction, applying the judgment of the Full Bench in Komal Rugwani's case, after the Central Act was brought into force and as noted above, after the Rules were formulated by the Government of Maharashtra. The issue which will fall for determination is as to whether the appeal which was filed before the School Tribunal prior to the enactment of the Central Act and the enforcement of the said Rules would be maintainable or whether the Tribunal was justified in dismissing the appeal for want of jurisdiction. In order to bring clarity to the issues involved in the appeal, the points for consideration are formulated as follows:

5. The MEPS Act, 1977 was enacted by the State legislature to regulate the recruitment and conditions of service of employees in certain private schools in the State with a view to providing them security and stability of service. The object of the State legislature in doing so was to enable the teachers of these private schools to discharge their duties towards their students and to their guardians as well as towards the institution and to society in general. Section 8 of the Act provided for the constitution of Tribunals. Under Section 9, a right of appeal was conferred upon employees of private schools in respect of certain specified orders. Sub-section (1) of VBC 5/17 wp4673.12-22.4 Section 9 provides as follows:

(II) In other words, whether the MEPS Act, 1977 applies to employees of a private primary school recognised by a body or officer referred to in sub-section (2) of section 39 of the Bombay Primary Education Act, 1947?"
These questions were answered by the Full Bench by holding that if a private primary school is recognized by a body or officer referred to in Section 39(2) of the Bombay Primary Education Act, 1947, it will not be governed by the provisions of the MEPS Act and an employee working in such a school cannot file an appeal under Section 9 of the MEPS Act. The judgment in Komal Rugwani's case was delivered on 9 June 2011.