1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7866 OF 2008 Suniti Education Trust and others ..Petitioners. Vs. Smt. Jamuna A. Adhikari & another ..Respondents. .... Mr. M.P. Vashi for the Petitioners. Mr. P.I. Khemani, AGP for Respondent No.2. .... CORAM: DR. D.Y. CHANDRACHUD, J. 4th December, 2008. P.C. : The First Respondent was appointed on 25th May, 2000 in a probationary capacity. Her services were dispensed with on 15th May, 2001 without furnishing notice of one month as required by Section 5(3) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. The School Tribunal has observed that the appointment was admittedly made as against a clear, vacant and permanent post. The Tribunal has observed that the termination was not on the ground that the performance of the First Respondent was unsatisfactory, but it was the contention of the management that the proposal was not approved by the Education Officer. The Full Bench of this Court has held in St. Ulal High 2 School v. Devendraprasad Jagannath Singh1 that the grant or refusal of approval by the Education Officer is something which relates to the disbursal of the grant-in-aid and is not relevant to the legality of the appointment or the status of the employee. The approval, it has been held, is not a condition precedent to a valid order of appointment and want of approval would not invalidate the order of appointment. The order of the Tribunal is based on the judgment of the Full Bench. It is conceded before this Court that the termination was not for unsatisfactory behaviour or performance. The only submission which has been urged is that the management had terminated the services for want of approval by the Education Officer. That as noted above was not a valid basis for termination. There is no merit in the Petition. However, it is clarified that it will be open to the management to apply again to the Education Department for the grant of approval since the ban on recruitment has been lifted. In the event that such an application is made, the competent authority shall consider it in accordance with law. The Petition is dismissed. 1 2007(2) All M.R. 1.