would
submit that there is no mandate in the said MEPS Act and the Rules
framed thereunder for approval of the Education Department ... were in violation of the provisions of MEPS Act and MEPS Rules.
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seniority under rule 12 of the MEPS
Rules, respondent no.5 was not required to file any appeal under
section 9 ... MEPS Rules.
47. In my view, the Education Officer (Secondary) has thus
acted without jurisdiction in determining the seniority under rule 12 of
MEPS Rules
from the said post is concerned, a perusal of rule
9(5) of MEPS Rules clearly indicates that a candidate appointed to a post ... said judgment.
18.
In my view, since rule 9(5) of the MEPS Rules provides for format of a
letter of appointment in accordance with
held that the power of the school tribunal under Section
9 of the MEPS Act are not taken away to decide the issue whether
appointment ... this submission, learned senior counsel placed
reliance on Rule 9 (9)(a) of the MEPS Rules. He submits that in this
case, the management could
under Rule 9(5)
read with Schedule "D" of the Maharashtra Employees of Private
Schools (Conditions of Service) Rules, 1981 ("MEPS Rules ... category posts. Rule 9(8) of the
MEPS Rules mandates that when vacancies are reserved under Rule
9(7) and the management desires to fill
would
submit that there is no mandate in the said MEPS Act and the Rules
framed thereunder for approval of the Education Department ... were in violation of the provisions of MEPS Act and MEPS Rules.
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would
submit that there is no mandate in the said MEPS Act and the Rules
framed thereunder for approval of the Education Department ... were in violation of the provisions of MEPS Act and MEPS Rules.
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under Rule 9(5)
read with Schedule "D" of the Maharashtra Employees of Private
Schools (Conditions of Service) Rules, 1981 ("MEPS Rules ... category posts. Rule 9(8) of the
MEPS Rules mandates that when vacancies are reserved under Rule
9(7) and the management desires to fill
petitioner further
submits that even as per Rule 9(10)(b) of the MEPS Rules,
the petitioner is entitled to be appointed as Head
Master ... appointment of the petitioner as Head
Master. Rule 9(10)(b) of the MEPS Rules also states that
if it is not possible to fill
management.
m] She was a trained teacher as per Rule 2(k)
of the MEPS Rules, 1981.
n] The oral termination of the employee ... order
indicates that it is issued under Rule 9(5) under
Schedule D under the 1981 Rules.
8] Clause (1) of the appointment order indicates
