Statutory Permanency and the Illegality of Year-to-Year Appointments Under the MEPS Act

sketch of the Bombay High Court
Case
SOPAN NAMDEO KALE v. THE SECRETARY AHMEDNAGAR ZILLA MARATHA VIDYA PRASARAK SAMAJ AND OTHERS (Bombay High Court, 16-09-2026)
Law
Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act.

Highlights of the Judgment:

  • Examination of whether continuous service for fifteen years on a permanent post confers statutory permanency despite yearly temporary letters.
  • Interpretation of Sections 5(2) and 5(2A) of the Maharashtra Employees of Private Schools Act, 1977 regarding mandatory probation.
  • Application of the doctrine that there can be no estoppel against statute for acceptance of yearly contracts.
  • Scrutiny of private school management practices using temporary year-to-year contracts to evade confirmation.
  • Assessment of employee entitlement to back-wages following arbitrary termination and refusal of work.