- (1.) This appeal by grant of special leave is directed against the judgment of the Bombay High Court dated 11-5-1988.
(2.) The appellant-society is running a Girls' High School at Nagpur. The school, at the relevant time, was governed by the Maharashtra Employees of the Private Schools (Conditions of Service) Regulation Act, 1977. In view of the retirement of Mrs. Kanekar, as Head-Mistress of the high school on 30-9-1984 a vacancy arose for the post of Head-Mistress. The appellant society appointed the respondent, Mrs. Kishori Deshpande as Head-Mistress with effect from 1st October, 1984. A provisional approval for the said appointment was given by the Education Officer, Zilla Parishad, Nagpur.
(3.) One Mrs. Chetna Motghare, respondent No. 3 herein sent an application to the Director of Education, Pune on 14-4-1987 stating that she was a Scheduled Caste candidate and serving in the school since 1977 and as such under the prevailing system it was her turn to be appointed as Head-mistresss. On the above representation, the Education Officer, Zilla Parishad, Nagpur, by letter dated 7-5-1987 cancelled the approval of Mrs. Kishori Deshpande as Head-mistress, earlier given by him. He also directed that the claim of Mrs. Chetna Motghare, be considered for appointment as Head-mistress. The appellant-society then filed a writ petition in the High Court for quashing the communication dated 7-5-1987. The High Court following the decision of this Court in (Arti Ray Choudhary v. Union of India)1, 1974(1) S.C.C. 87 dismissed the writ petition filed by the appellant-society.;