post of Assistant Teacher / Shikshan
Sevak, as provided under Section 5 of the
MEPS Act, 1977. So far as sub clause 2 of
Clause ... three years probation period,
as contemplated under the provisions of
Section 5 of the MEPS Act, 1977. Once such
approval is granted in favour
5 without taking prior permission of
the Education Officer when such permission is
mandatory under Section 5 of the Maharashtra
Employees of Private Schools (MEPS ... after considering Rule
9(9) of the MEPS Rules and Section 5 of MEPS Act,
this Court has laid down that only if reserved category
respondent No.1 itself was
not made in terms of section 5 of the MEPS Act, as
he failed to prove that he had necessary ... whether the appointment of the appellant was made
as per section 5 of the MEPS Act, was set aside and
the School Tribunal was directed
there was no response. There is
compliance of provisions of section 5 of MEPS Act. Learned counsel
further submitted that in the above circumstances ... school run by
private management and also the local authorities. Section 5 of
MEPS Act empowers the management to fill in the vacancies which
promotion as Laboratory Assistant/ Clerk subject to prescribed
criteria.
19. Section 5 of the MEPS Act under proviso regulates
and controls making of appointments ... emerging position from conjoint
consideration of provisions of the MEPS Act , Section 5 and
Clause 3 of Schedule "F" to the MEPS Rules
grant-in-aid basis by issuing advertisement as per
section 5(1) of the MEPS Act. Due process of
recruitment was followed, advertisement was issued ... absorption of surplus teachers; and
(3) procedure prescribed under section 5(1) of the
MEPS Act was not followed.
14. Learned Assistant Government Pleader submitted
grant-in-aid basis by issuing advertisement as per
section 5(1) of the MEPS Act. Due process of
recruitment was followed, advertisement was issued ... absorption of surplus teachers; and
(3) procedure prescribed under section 5(1) of the
MEPS Act was not followed.
14. Learned Assistant Government Pleader submitted
grant-in-aid basis by issuing advertisement as per
section 5(1) of the MEPS Act. Due process of
recruitment was followed, advertisement was issued ... absorption of surplus teachers; and
(3) procedure prescribed under section 5(1) of the
MEPS Act was not followed.
14. Learned Assistant Government Pleader submitted
within the meaning of
section 5(2) of the Act. Specific reference was made to the effect of section
5(2) . Paragraph ... person qualified on probation for two years. That section 5(2)
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position of law that in the absence of
compliance of Section 5 of the MEPS Act, back door
entry and appointment cannot be protected ... said that
management, without following the procedure
prescribed under Section 5 of the MEPS Act,
appointed respondent no.1 for a temporary period.
As respondent
