MRS. SUNITA ANANDRAO MONDE vs THE STATE OF MAHARASHTRA THROUGH SECRETARY AND ORS.

Judgment text excerpt

LSP wp 11282.18.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 11282 of 2018 1. Mrs. Sunita Anandrao Monde (Smt. Sunita Bapurao Pharne), R/o. A/P Bhalgaon, Tal. Roha, Dist. Raigad. 2. Mumbaikar Gramastha Mandal, Mumbai, Through its Chairman/ Secretary … Petitioners V/s. 1. The State of Maharashtra Through the Secretary, School Education Department, Mantralaya, Mumbai – 400 032. 2. The Education Officer (Secondary), Zilla Parishad, Raigad, at Alibag. 3. Shri P.V. Gade, Assistant Teacher, At Virjoli, Tal. Roha, Dist. Raigad … Respondents. Mr. Vinayak Kumbhar a/w. Mr. Rajendra B. Khaire i/b. Mr. Ashwini Digitally signed by N. Bandiwadekar for the Petitioner. LATA LATA SUNIL SUNIL PANJWANI PANJWANI Date: 2026.02.18 17:53:18 +0530 Mr. Akhil Kupade i/b. Advocate P.S.Bhavake for Respondent No.3. Mr. N.C.Walimbe, Addl.G.P. a/w. Miss. Rupali Shinde, AGP for Respondent Nos. 1 and 2. 1/6 LSP wp 11282.18.doc CORAM : M.S. KARNIK & S.M. MODAK, JJ. RESERVED ON : 6th February 2026 PRONOUNCED ON : 16th February 2026 JUDGMENT: (PER S.M.MODAK, J) . The issue involved in this petition is whether the directions contained in a Government Resolution (for short ‘G.R.’) would prevail over the provisions of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (for short ‘MEPS Rules’). It pertains to the issue of appointment on the post of Headmaster in a private school. On one hand, there are provisions of sub-rule 10 of Rule 9 of MEPS Rules which prescribe 33% reservation of the total number of posts of the Heads and Assistant Heads. On the other hand, there are Government Circulars dated 26th September 2017 and Government Resolution dated 29 th May 2017. The Government Resolution dated 29th May 2017 prescribes the procedure