Legality of Terminating Confirmed Employees Based on Irregular School Committee Constitution Under MEPS Act

sketch of the Bombay High Court
Case
CHANDRAKANT S/O SHESHRAOJI DARNE v. STATE OF MAHARASHTRA THROUGH SECRETARY, DEPARTMENT OF SECONDARY EDUCATION, NAGPUR AND OTHERS (Bombay High Court, 21-09-2026)
Law
Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, Maharashtra Public Trusts Act.

Highlights of the Judgment:

  • Examination of the distinction between void ab initio and irregular appointments in private school service.
  • Analysis of deemed confirmation of service under Section 5(2) of the Maharashtra Employees of Private Schools Act.
  • Demarcation of the Education Officer's statutory powers regarding employee termination and management disputes.
  • Mandatory compliance with procedural rules under the MEPS Rules, 1981, for terminating permanent staff.
  • Jurisdictional boundaries between educational authorities and the Assistant Charity Commissioner regarding trust disputes.
  • Grant of 100% back wages and continuity of service following arbitrary termination.