WP/6179/2010 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6179 OF 2010 Sarita Dattatraya Bhosale ... Petitioner V/s. State of Maharashtra & Ors. ... Respondents Mr.A.M. Joshi for Petitioner Mr.A.D. Kango, AGP, for Resp. No.1 Mr.P.S. Dani for Respondent Nos.2 & 3 CORAM: SMT.NISHITA MHATRE, J. DATE: JANUARY 14, 2011 P.C.: 1. The petition has been filed against the order of the School Tribunal by which it has found that the appeal filed by the petitioner had no substance. The School Tribunal has held that though the qualifications of the petitioner were sufficient for being appointed as a clerk, she had not been appointed in accordance with the MEPS Act and the Rules framed thereunder. It is submitted on behalf of the Petitioner that the management had approved of her appointment and in fact had sent a proposal to the Education Officer for approving the appointment of the petitioner. It was only when a different faction took over the management of the school that the petitioner’s services were terminated. It is also submitted that u/s 5 of the Act, the management of the school has the prerogative to appoint an employee and the School Committee is only a creation of the Rules which envisage a methodology for appointment of the employees of private schools. It is therefore WP/6179/2010 : 2 : submitted that the Section would override the Rules and as long as the Management has approved of the appointment of the petitioner, it matters little whether the School Committee was consulted. 2. These submissions on behalf of the petitioner are without merit. The Tribunal has found that the appointment of the petitioner was neither made by the Management nor by the School Committee. Instead she was appointed by her brother-in-law without any authority and approval from the Management. In these circumstances, I see no reason to interfere. 3. The Petition is rejected.