1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO. 248 OF 1996 Smt. Rekha Jagannath Bhalekar ..Appellant V/s. Sou. Sudha Sharad Mungale & Ors. ..Respondents Mr.K.A.Bhatia for the appellant CORAM : ANOOP V. MOHTA,J. DATED :16th June, 2008 P.C. . None for the respondents though matter is listed on Board in pursuance to order dated 24-9-2007. 2. Without going into the merits of the matter, the main challenge in the present suit is that whether Civil Court has jurisdiction to interfere and try the suit in view of Section 9 of the Maharashtra Employees of Private Schools (Conditions of service) Regulation Act, 1978. Both the Courts after considering the material available on record declared that the plaintiff is entitled to be appointed as Head Mistress of Godutai Jambhekar Vidyalaya and declared that the appointment of defendant no. 1 i.e. appellant herein as Head Mistress of the said School was illegal and invalid. The Court has further directed defendant no. 2 to appoint plaintiff as Head-Mistress and passed all other orders. 2 The appeal filed by the appellant was also dismissed. Both the Courts are, however, on the foundation that such suit is maintainable based upon then existing position. 3. The learned counsel appearing for the appellant pointed out the Full Bench decision in the case of St. St. St. Ulai Ulai Ulai High School and anr. Vs. Devendraprasad Jagannath High School and anr. Vs. Devendraprasad Jagannath High School and anr. Vs. Devendraprasad Jagannath Singh Singh Singh & anr. (2007 (1) Mh.L.J. 597) & anr. (2007 (1) Mh.L.J. 597) & anr. (2007 (1) Mh.L.J. 597) declaring that such suit is not maintainable by observing as under: "The M.E.P.S. Act, does not merely regulate pre-existing rights and/or duties. The rights and duties regulated by the Act were not pre-existing rights in common law. However, in view of the law laid down by the Supreme Court, it was submitted that where an action in issue is a total nullity, the Civil Court will have jurisdiction." 4. The present suit falls within the ambit of Section 9 Clauses (a) & (b) of sub-section 1 of Section 9 of the Act. 5. In view of this, both the judgements and decrees are quashed and set aside. The Suit is not maintainable in view of the above Full Bench decision. The plaintiff is at liberty to take appropriate steps and/or move such 3 application in accordance with law, basically keeping all points open. 6. The Appellant-plaintiff to take steps within two months, if so instructed. 7. Present order shall take effect only after two months. 8. In view of this, second appeal is allowed. The impugned judgements and orders dt. 24-4-1996 in Civil Appeal No. 1 of 1996 and order dated 22-12-1995 in Reg. Suit No. 52/1988, are hereby quashed and set aside, however, this will be subject to above order with no order as to costs. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]