therefore, the teacher cannot have benefit of Sub-section (2) of Section 5 of MEPS Act, for claiming deemed permanency. According to him, learned single ... claim deemed permanency, by virtue of Sub-section (2) of Section 5 of MEPS Act.
Replying the arguments advanced on behalf of the management
appointed on probation in terms of sub-section (2) of Section 5
of the MEPS Act read with Rule 9(8) of the MEPS Rules ... section (2) of Section 5 is held to be
discretionary."
"17. The exercise of discretion under
sub-section (2) of Section 5
Court while considering the scope of section
5(2) had held that:-
"A plain reading of section 5(2) of the Maharashtra
Employees ... probation and only
thereupon the provisions of sub-section (2) of section
5 would be attracted. As already observed there is
nothing called "appointment
lady teacher, after making reference to Rules 3 and 5 of the MEPS Rules and Section 2(9) of the MEPS Act, vehemently submitted that ... rule 5 of MEPS Rules. According to him, the conjoint reading of sub-rule (2) of Rule 5 of MEPS Rules and the inclusive definition
therefore,
render the Petitioner disentitled for seeking deemed
confirmation under Section 5 of the MEPS Act, 1977.
(i) In 1987, the School was not recognized ... attained the deemed status of permanency in the
light of Section 5 of the MEPS Act, 1977.
10 Insofar as continuance of the untrained teacher
incumbent and he is confirmed
in terms of section 5 of the MEPS Act,1977, his services can be
interfered with only by following ... primary school. In view of
the statutory provisions contained in section 5 of the said Act
read with rule 26 of the said Rules
incumbent and he is confirmed
in terms of section 5 of the MEPS Act,1977, his services can be
interfered with only by following ... primary school. In view of
the statutory provisions contained in section 5 of the said Act
read with rule 26 of the said Rules
incumbent and he is confirmed
in terms of section 5 of the MEPS Act,1977, his services can be
interfered with only by following ... primary school. In view of
the statutory provisions contained in section 5 of the said Act
read with rule 26 of the said Rules
appointment.
11. Section 5 of The Maharashtra Employees Of Private Schools
(Conditions of Service) Regulation Act, 1977 ("the MEPS Act ")
provides for certain ... person duly qualified to fill up the vacancy. The
scheme of section 5 also broadly outlines the procedure to be
followed prior to filling
continue the petitioner in the employment.
We find that Section 5(2) of MEPS (Condition of Service Regulations) Act confers on the employee the status
