section 5 of the MEPS Act and
Rule 9 of the MEPS Rules. The provisions read as under :-
"Section (5). Certain obligations of Management ... followed in the
light of the provisions of section 5 of the MEPS Act and Rule 9 of the
MEPS Rules.
13. Assuming that
section 5 of the MEPS Act and
Rule 9 of the MEPS Rules. The provisions read as under :-
"Section (5). Certain obligations of Management ... followed in the
light of the provisions of section 5 of the MEPS Act and Rule 9 of the
MEPS Rules.
13. Assuming that
section 5 of the MEPS Act and
Rule 9 of the MEPS Rules. The provisions read as under :-
"Section (5). Certain obligations of Management ... followed in the
light of the provisions of section 5 of the MEPS Act and Rule 9 of the
MEPS Rules.
13. Assuming that
absorbed pursuant to the proviso to
sub-section 1 of section 5 of MEPS Act. It appears that the
petitioner nos. 1 & 2 have ... respondents
pursuant to the proviso to sub- section 1 of section 5 of the MEPS
Act.
17. Admittedly, in the case in hand the petitioner
never made by
following necessary procedure as prescribed by section 5 of the MEPS
Act read with rule 9 and, therefore, there is no question ... Officer before
undertaking a recruitment process, as is required by section 5 of the
MEPS Act and rule 9 of the rules framed thereunder need
reproduced hereinbelow for ready
reference:
"18. The reading of Section 5 of the MEPS Act, does not
indicate that the prior permission ... regard to the requirement of the proviso to Section
5(1) of the MEPS Act and that the Education
Officer on this count had initiated
Management was required to absorb the
surplus candidates, Section 5 of the MEPS Act has not been followed.
2. In the order of the Education ... vacant posts and as per roster.
5. Learned AGP submits that as Section 5 of the MEPS Act has not been
2/5
mandate of the provisions of sub- section 1 of Section 5
of the Maharashtra Employees of Private Schools Act, 1977 and Rules ... earliest having regard to the
mandate of sub-section (1) of Section 5 of MEPS Act, 1977. He submits
that he will place on record
2022 03:58:36 :::
4 wp-12216.17 JUDGMENT .docx
Section 1 of Section 5 would not apply to his case. He further submits
that since ... prior permission of the
Education Officer, which is mandatory under Section 5 of the MEPS Act,
1977. He further submits that at the relevant time
years on probation on pay scale of Rs.1700/-. As per
section 5 of the Maharashtra Employees of Private Schools (Conditions
of Service ... prior permission was obtained from the Education
Officer under section 5 of the MEPS Act which is mandatory.
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