SHRI BHOLENATH ADIVASI SHIKSHAN PRASAK MANDAL Vs. GAJANAN LAXMAN TUPTEWAR AND OTHERS
LAWS(BOM)-2017-1-87
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on January 24,2017

Shri Bholenath Adivasi Shikshan Prasak Mandal Appellant
VERSUS
Gajanan Laxman Tuptewar And Others Respondents

JUDGEMENT

- (1.) On 19.10.2016, I had recorded the submissions of the learned Advocates as under:- "1. I have heard the learned advocates for the petitioner and respondent No. 1/Employee. 2. The grievance of the petitioner is that the application raising objections as regards the jurisdiction of the School Tribunal, Latur, below application Exhibit No. 33, has been rejected. 3. The thrust of the petitioner's submission is that the school, in which education is being imparted for standard I to VII is independent and unconnected with the school imparting education in standards VIII to X. If the two schools are said to be independent, the provisions of the Maharashtra Employees of Private Schools (Condition of Service) Regulation Act, 1977 would not be applicable to the petitioner and the Appeal No. 02/2014, filed by the respondent No. 1/Employee will be rendered untenable. 4. Shri Jadhavar desires to place on record certain documents in support of his case. Leave to file additional affidavit, with documents, is granted. 5. Respondent No. 3 shall file an affidavit-in-reply in the light of the above contentions and clarify as to whether the contention of the petitioner that the above said two schools are independent of each other or as to whether the standards I to X would fall, under the same school. 6. Stand over to 18/11/2016 for further consideration."
(2.) Considering the strenuous contention of the petitioner that there are two Head Masters in the school and as such, both the sections i.e. from the first standard to the seventh standard and eight standard to tenth standards should be considered as two independent schools, this Court has directed the Integrated Tribal Development Department to file an affidavit for taking a stand in the face of such submissions.
(3.) The Assistant Project Officer of respondent No.3 Department has filed an affidavit in reply dated 12.1.2017 and had annexed the extract of some of the provisions of the Ashram School Code.;


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