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12 LPA153.10 primary level, the State Government revised its policy and allowed post-basic Ashram Schools to be started by the private managements as aided schools. A primary school is normally from 1st to VIIth standards. However, a primary school from 1st to IVth standards is called as Level-f and the primary school from Vth to VIIth standards is called as Level-TI. An Ashram school from 8th standard and onwards is called a post-basic Ashram school. If such a post-basic Ashram School has classes upto 10th standard, then obviously it needs recognition from the State Board as defined under Section 2(25) of the M.E.P.S. Act. On the other hand, primary Ashram schools are recognised only by the Director of Social Welfare or the Director of Tribal Development, as the case may be and there is no question of their being recognised within the meaning of Section 2(21) of the Act, though they are schools within the meaning of Section 2(24) of the M.E.P.S. Act.

So far as Primary Ashram Schools are concerned, in paragraph 16 the Full Bench observed thus:

16. When it comes to an Ashram school which is only a primary school, it does not satisfy the definition of "private school" within the meaning of Section 2(20) of the Act. However, if an Ashram school is running classes from 1st to 10th standard obviously it would have recognition from the Divisional Board and thus, would fall within the ambit of the term "private school". On the other hand, Ashram school running classes from 1st to 7th standard or any intermediary level, would not require recognition from any of the authorities as specified in Section 2(21) of the M.E.P.S. Act and

13 LPA153.10 therefore, it would not be a "private school'' within the meaning of the said Act. Resultantly, the employees working under the Ashram Schools which are only primary level cannot maintain an appeal under Section 9 of the M.E.P.S. Act.

However, an employee working in an Ashram school which is a secondary and higher secondary Ashram school has a right to approach the School Tribunal by filing an appeal under Section 9 of the Act against an order of punishment/termination of service or for redressal of grievances enlisted in the said section as they come within the ambit of the term employee as defined under Section 2(7) of the said Act.

12. The Full Bench thus held that so far as Primary Ashram Schools are concerned, they are not covered by the provisions of the MEPS Act, because those schools are not recognised by the Directors or the Boards mentioned in the MEPS Act. It is held that so far as Ashram Schools which are secondary schools are concerned, because those schools are recognised by the Maharashtra Secondary & Higher Secondary Education Board, the employees working in the secondary Ashram schools are governed by the provisions of the MEPS Act. But that part of the judgment of the Full Bench is not relevant for our purpose. The only part of the judgment which is relevant for our purpose is that the condition of 14 LPA153.10 service of the employees of the primary Ashram schools are not governed and regulated by the MEPS Act. The conclusions that was recorded by the Full Bench are to be found in paragraph 20. They read as under: