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      g]      Cost of this petition be provided for.
      h]      Any other order in the interest of justice and kindness be passed as and
              when necessary."
8. In Writ Petition (ST) No. 15782 of 2025, the petitioners state that the Hind Education Society is registered under the Maharashtra Public Trusts Act, 1950 and the Societies Registration Act, 1860 and it runs several schools including the R. M. High School at Miraj and the New English School at Soni, Taluka Miraj. The petitioners have stated that both the schools receive 100% grant-in-aid and the services of the teaching and non- teaching staff are governed under the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (in short, "MEPS Act") and the Rules made thereunder in the year 1981. According to the petitioners, 5 th respondent-Education Officer (Secondary) issued Sanch Manyata for the R. M. High School at Miraj on 16 th April 2025 for the year 2024-2025 taking total number of students at 58 for Class IX th and Class Xth but only one graduate teacher for Class IX th and Class Xth has been sanctioned. Whereas, one post of graduate teachers was sanctioned for the academic year 2023-2024 by 5 th respondent. Similarly, the number of total teachers in the New English School at Soni has been drastically reduced and no teacher for Class IX th and/or Class Xth has been sanctioned by 5th respondent. According to the petitioners, the number of students in Page-11 Rameshwar Dilwale WP-5456-2025 & Connected Class IXth and Class Xth should have been combined and treated as one unit for sanction of the posts of graduate teachers in the said school.
(c) this Hon'ble Court be pleased to issue appropriate writ of mandamus or in the nature of mandamus directing the Respondent No.3 to determine the teachers' strength and supervisors strength of the said school i.e. A. B. Goregaonkar English School for the academic year 2025-26 and thereafter on the conjoint reading of Schedule to RTE Act and provisions of MEPS Act and MEPS Rules and School Code and the orders issued by Respondent No.1 prior to GR 2013, subject to the minimum prescribed by Schedule to the RTE Act;
(e) this Hon'ble Court be pleased to declare that the requirement of providing one class room per teacher, as per Sr. No.2(i) of the Schedule to the RTE Act applies in respect of such number of the teachers appointed in view of the Sr. No.1 of the Schedule to RTE Act and to this extent, read down entry at Sr. No.2(i) of the Schedule to the RTE Act.
(f) This Hon'ble Court be pleased to declare that retired teachers, ought not to be appointed in any school and Rule 17 of MEPS Rules, be directed to be complied with by Respondent No.1 to 3.

13. Mr. G. S. Godbole, the learned senior counsel submitted that the G.R.-2024 provides new and different parameters to combine the number of teachers and those are contrary to the Pupil-Teacher ratio under the Schedule to the RTE Act and the MEPS Act as well. Referring to clauses 1, 3, 4 and 5 in the G.R.-2024, the learned senior counsel submitted that by introducing a new "minimum students requirement" for approving the post the government seeks to alter the Schedule to the RTE Act. The government has no power to provide the minimum strength of the students different from what has been provided under the Schedule to sanction the post of teachers. It is further submitted that the provisions under the RTE Act does not cover the schools imparting education for Class IXth and Class Xth and the provisions under Rules 9 and 21 of the MEPS Rules are not taken into consideration to fix the number of teachers for Class IXth and Class Xth. The Page-15 Rameshwar Dilwale WP-5456-2025 & Connected MEPS Act and the Rules framed thereunder do not prescribe the method of the Pupil-Teacher ratio to fix the total number of teachers but the G.R.- 2024 creates new threshold for sanctioning the posts of teachers. The learned senior counsel submitted that the expression "at least" under clause 1(b)(2) of the Schedule to the RTE Act would indicate that the minimum number of students provided under the Schedule cannot be construed to mean as the maximum ratio. Responding to the decision in "Sindhudurg Zilla Shikshan Sanstha Chalak Mandal" 3, the learned senior counsel submitted that the said decision reinforces the applicability of the MEPS Act and the Rules framed thereunder and held in paragraph no.36 that the State government is required to take steps and follow the Schedule to the RTE Act wherever there is any discrepancy between the Schedule and the government circulars/G.R.s. The engagement of retired teachers is provided under Rule 17 of the MEPS Rules and the G.R.-2024 while fixing the number of supervisors, Arts Education, Health and Physical Education and Work Education violates the mandate under the Schedule.