ANIL BHANUDAS SHEDGE Vs. SUBHASHNAGAR EDUCATION SOCIETY

JUDGEMENT

(1.) The petitioner has preferred the present Writ Petition against the decision dated 29th June, 2004 of the School Tribunal, Mumbai in Appeal No. MUM-40 of 2002. By this judgment the School Tribunal has dismissed the Appeal and held that the petitioner is not entitled to the reliefs claimed by him in the Appeal.

(2.) The petitioner is qualified with the Degrees of B.Sc, B.P.Ed. On 20th April, 1999, an advertisement was published by the respondent No. 1 -Education Society for a full time Assistant Teacher for Physical Training. The post advertised was a clear and permanent vacancy. The advertisement did not in any manner indicate that the appointment would be made against a reserved category post. In fact, the advertisement specifically stated that the post advertised was for an Assistant Teacher from the open category having a qualifications of B.A., B.P.Ed.

(3.) The petitioner applied in accordance with the advertisement and was duly selected. He was issued an appointment letter on 7th June, 1999, wherein it was stated that he was appointed on probation for two years. Furthermore, the appointment letter did not indicate that he was being appointed against the reserved category post. The petitioner then commenced working with the first respondent and was teaching physical education to the students from the 5th to 10th standard. Respondent Nos. 3 to 5 informed first respondent that the appointment of the petitioner was not approved as he was a trained graduate and for being appointed as a teacher for physical training, the candidate is required to be qualified only as an under graduate trained teacher. The respondent No. 1 on 12th August, 1999 directed the petitioner to submit an undertaking, agreeing to his appointment on the under graduate scale in view of the objections raised by respondent Nos. 3 to 5. The petitioner, therefore, was appointed on the under graduate scale after he submitted the undertaking.