1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8427 OF 2009 Smt Anita Datta Gosavi ...Petitioner v/s The State of Maharashtra and ors. ...Respondents Mr N.V. Bandiwadekar for Petitioner. Mr S.N. Patil, AGP for Respondent Nos.1 to 3. Ms I.M. Koparkar for Respondent Nos.4 to 6. CORAM : D.K. DESHMUKH AND A.R. JOSHI JJ. DATE : 2ND MARCH 2010. 2 P.C. :- 1] The husband of the petitioner was in the service of the respondent Nos.4 and 5. He died while in service. The petitioner applied to the management for appointment in the post of Librarian which the deceased husband was holding, on compassionate ground. Though there is no provision either in the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act 1977 or in the Rules for making any appointment on the compassionate ground, the management considered her application and informed her that she does not have necessary qualification for being appointed to the post of Librarian. The management thereafter made the appointment of a suitable person in the post of Librarian. The Education Officer, ignoring all this, issued a direction to the management to appoint the petitioner. Because the management did not comply with the direction, the present petition has been filed. In our opinion, in the absence of any provision either in the Act or the Rules, a 3 recognised private school cannot make any appointment on compassionate ground. The Education Officer was also not justified in issuing the direction which is contrary to the Act and the Rules. There was no question of the management either keepi8ng the post vacant till the petitioner acquires the necessary qualification or appointing the petitioner by removing the person who is holding requisite qualification and who has been appointed in the post. In our opinion, issuing any direction in favour of the petitioner will amount to encouraging the authorities and the school to act contrary to the provisions of the Act and the Rules. Petition is rejected. Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE A.R. JOSHI )