JAYASHREE Vs. SECRETARY NAGPUR SHIKSHAN MANDAL

JUDGEMENT

(1.) RULE. Rule made returnable forthwith and heard by consent of parties.

(2.) THE petitioner is working as Physical Training Instructor (for short P. T. I.) in Shri Binzani City College, Umrer Road, Nagpur, run by respondent No. 1 Society since 16-8-1995. He had applied for the post of P. T. I. in pursuant to the advertisement dated 24-6-1995 as she possessed the qualification of M. A. B. P. Ed. She was appointed to the said post vide order dated 14-8-1995 and joined the service on 16-8-1995. After she was appointed as a part time P. T. I. the respondents Nos. 1 and 2 forwarded the proposal to respondent No. 3, Dy. Director of Education, for approval. However, the respondent No. 3 had refused the approval vide order dated 21-10-1995 on the ground that the said post was reserved for the candidate from the backward class and though the candidate from the backward class was available at the time of interview he was not appointed. As the approval to the petitioners appointment to the post of P. T. I. was refused by the Dy. Director of Education, the management, respondents Nos. 1 and 2, issued a notice dated 8-5-1996 terminating the petitioners services with effect from 15-5-1996.

(3.) BEING aggrieved by the aforesaid orders passed by the Dy. Director of Education, respondent No. 3, and the management, respondents No. 1 and 2, the petitioner moved this Court vide W. P. No. 1069/96 and challenged the order passed by respondent No. 3 and also the notice of termination issued by the management. Initially, this Court stayed the operation of the aforesaid orders. The said order of stay was operating till 3-9-1996 on which date this Court disposed of the said writ petition with a liberty to the petitioner to move the School Tribunal and the interim stay granted by this Court was extended for fifteen days so as to enable the School Tribunal to decide the application for stay which the petitioner was intending to file before the School Tribunal. After the petitioner moved the School Tribunal and filed an application for stay of the aforesaid orders, the School Tribunal directed the parties to maintain status quo till the disposal of the appeal filed before it. However, the learned School Tribunal vide its order dated 8-10-1998 has dismissed the appeal filed by the petitioner holding that the post of P. T. I. was not an isolated post and that the candidate from the backward class was not selected and appointed.