1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2760 OF 2010 Balu Narayan Rokade .. Petitioner V/s. Adiwasi Shikshan Sanstha & Ors. .. Respondents. Shri. S.V. Pitre for the Petitioner. Shri A.A. Garge for the Respondent Nos. 1 and 2. Mrs. M.P. Thakur, AGP for Respondent Nos. 3 and 4. CORAM : B.H. MARLAPALLE AND A.A. SAYED, JJ. DATED : 26TH AUGUST, 2010. P.C. 1 Heard Mr. Pitre, the learned Counsel for the petitioner, Mr. Garge the learned Counsel for respondent Nos. 1 and 2 and Mrs. Thakur, the learned AGP for respondent Nos. 3 and 4. 2. The petitioner came to be appointed as a teacher in the Primary Ashram School run by respondent No.1 Society in September, 2000 and on 3rd September, 2007, he was promoted to the post of Head Master. The said appointment was approved by respondent No.3. Pursuant to the memo issued on 19th June, 2008, he was served with a letter dated 19th March, 2 2009 about the inquiry to be conducted against him. The inquiry was conducted and by the order dated 27th September, 2009, he was removed from service with effect from 1st October, 2009 by way of punishment. 3. Being aggrieved by the order of punishment, he had approached respondent No.3 with an appeal on 3rd November, 2009. However, by the impugned order dated 11 November, 2009, he was informed by respondent No.3 that he had no power to hear and decide the appeal. 4. Our attention has been invited to the Full Bench decision of this Court in the case of Suryakant Sheshrao Panchal. Vs. Vasantrao Naik Vimukta Jati, Bhatkya Jamati Aadarsh Prasarak Mandal and others, 2002 (3) Mh.L.J. 659. The conclusions in para 20 of the said judgment are as under:- " (a)- There is no controversy between the views enunciated by respective Division Benches in Writ Petition No. 2919 of 1991 and Letters Patent Appeal No. 293 of 1999. (b)- Secondary of Higher Secondary Ashram Schools or Blind Schools are "private Schools" within the meaning of section 2(20) of the M.E.P.S. Act and any employee of such a school has a remedy of an appeal under section 9 of the said Act. (c) The Ashram School Code providing for remedy of an appeal to the employees working in the basic/primary Ashram Schools is contrary to the provisions of section 9 of the Act and to that extent same is hereby held to be invalid. It is declared that an employee working in a primary Ashram School or any other school which does not fall within the ambit of the term "private School" cannot approach the School Tribunal under section 9 of the M.E.P.S. Act." 3 5. The remedy of an appeal as provided in the Ashram School Code before the Deputy Director/Commissioner of Tribal Development has been kept intact so far as the employees in a primary Ashram Schools are concerned and therefore, the appeal filed by the petitioner, who was the Head Master of the Primary Ashram School was maintainable before respondent No.3. This legal position is not disputed by respondent No.3. 6. Hence, this petition succeeds partly and the impugned order dated 11th November, 2009, is hereby quashed and set aside. The appeal/application dated 3rd November, 2009, submitted by the petitioner to respondent No.3 is hereby restored and we direct the same to be heard and decided by respondent No.3 as per law, as expeditiously as possible. All rights and contentions of the parties are left open. Writ to go to respondent No.3 forthwith. (A.A.SAYED,J.) (B.H. MARLAPALLE, J.)