SHRI. VINAY KRISHNADAS SHAH AND ANR. vs THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND ANR.

Judgment text excerpt

LSP wp 12252.18.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 12252 of 2018 1. Shri Vinay Krishnadas Shah, R/O. A/P Goregaon, Tal. Mangaon, Dist. Raigad. 2. Mangaon Taluka Education Society, Tal. Mangaon, Dist. Raigad, 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. … Respondents. Mr. Vinayak Kumbhar a/w. Mr. Rajendra B. Khaire i/b. Mr. Ashwini N. Bandiwadekar for the Petitioner. Mr. N.C.Wlimbe, Addl.G.P. a/w. Miss. Rupali Shinde, AGP for Respondent Nos. 1 and 2. CORAM : M.S. KARNIK & S.M. MODAK, JJ. Digitally signed by LATA RESERVED ON : 6th February 2026 LATA SUNIL SUNIL PANJWANI PANJWANI Date: 2026.02.21 13:40:50 PRONOUNCED ON : 16th February 2026 +0530 1/5 LSP wp 12252.18.doc JUDGMENT: (PER S.M.MODAK, J) . The issue involved in this petition is whether the directions given in a Government Resolution 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, we have got the provisions of sub-rule 10 of Rule 9 of MEPS Rules which prescribe 33% reservation from total number of posts of the Heads and Assistant Heads. Whereas on the other hand, we have Government Circulars dated 26th September 2017 and Government Resolution dated 29th May 2017. The Government Resolution dated 29th May 2017 prescribes the procedure for filling up the posts of Headmaster by considering the roster position whereas, in the Government Circular dated 29th July 2017 there are directions to verif