Management of the
School under Sub-Section (3) of Section 5 of the MEPS
Act. The law with regard to termination of the services ... satisfaction
required to be arrived at under sub-Section (3) of Section
5 of the MEPS Act has to be read along with Rule
appointment of the appellant was not in
accordance with Section 5 of MEPS Act and the Rules,
cannot give rise to an issue to that ... 2012
appointment , as contemplated by Section 5 of MEPS
Act and the Rules framed thereunder, cannot be said
to be an issue of jurisdiction
temporary vacancy, as contemplated by
sub-section (5) of Section 5 of the MEPS Act. If an appointment
as a Part Time Teacher is made ... will have to
be filled in under sub-section (5) of Section 5 on temporary or
year-to-year basis. Once the permanent recognition
cited, it may be
useful to reproduce for ready reference Section 5 of the MEPS Act, which
reads as under :
::: Downloaded on - 09/06/2013 ... Section 5 of the MEPS Act :
"Certain obligations of Management of private schools : (1) The
Management shall as soon as possible, fill
work was unsatisfactory during
the probation period under Section 5 of the MEPS Act.
11. It is submitted by the learned senior counsel that since ... particular paragraphs 5 and 6 and would submit that Supreme Court
after construing Section 5(2) of the MEPS Act and after considering
the letter
temporary vacancy, as contemplated by
sub-section (5) of Section 5 of the MEPS Act. If an appointment
as a Part Time Teacher is made ... will have to
be filled in under sub-section (5) of Section 5 on temporary or
year-to-year basis. Once the permanent recognition
section (2) of Section 5 is held to be discretionary.
17. The exercise of discretion under sub-section (2)
of Section 5 ... section (2) of Section 5 in a case
where there was compliance of sub-section (1) of Section 5
of the MEPS
section (2) of Section 5 is held to be discretionary.
18. The exercise of discretion under sub-section (2) of
Section 5 ... section (2) of Section 5 in a case where there was
compliance of sub-section (1) of Section 5 of the MEPS
that subject to
the provisions of Sub Sections 4 and 5 of Section 5 of the MEPS Act,
on completion of the period of probation ... occurring in Section 5 (2) and "completion of probation period" as
occurring in Section 5 (2A) of the MEPS Act, would necessarily
mean
section (2) of section 5 . He
submitted that the petitioner does not comply with
basic conditions contemplated under section 5 of the
MEPS ... claim benefit of deemed
permanency, contemplated by sub-section (2) of
section 5 of the MEPS Act ? and whether the
respondent-institution was right
