1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Letters Patent Appeal No. 251 of 2010 in Writ Petition No. 3805 of 2005 (d) Ku. Chitralekha Markand Dahiwale ..VERSUS.. The Tribal Education Development Corporation, Gadchiroli and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Anand Parchure, Advocate for the appellant Mr. Abbasi, Advocate for respondent nos.1 and 2. CORAM : SMT. VASANTI A. NAIK AND PRASANNA B. VARALE, JJ. DATE : 2nd August, 2011. Heard the learned counsel for the parties. We see nothing wrong with the judgment of the School Tribunal holding that the appointment of the appellant on the post of Laboratory Attendant was not made in accordance with the Maharashtra Employees of Private School (Condition of Service) Act, 1977 and the Rules framed thereunder. The learned Single Judge considered that the objection of the management before the School Tribunal was in regard to the entry of the appellant in service as she was appointed by the Secretary of the Society, who happened to be her husband. The learned Single Judge found that the post of Laboratory Attendant being a promotional post, direct 2 recruitment was not possible for filling up the post, specially when the availability of surplus employees with the Education Department had not been verified. The learned Single Judge found that the post was not advertised and in these circumstances, the School Tribunal rightly held that the appellant had failed to prove that she was legally appointed on the post of Laboratory Attendant, in view of the provisions of Section 5 of the M. E. P. S. Act. The learned Single Judge did not find it necessary to interfere with the findings of facts recorded by the School Tribunal as they were based on the material on record. Since, the judgment of the School Tribunal is just and proper, the Letters Patent Appeal is dismissed with no order as to costs. JUDGE JUDGE Diwale