MUDHAIDEVI SHIKSHAN PRASARAK MANDAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Writ Petition has been filed by the petitioner-Management challenging the order passed by the School Tribunal, Kolhapur on 7th March, 2001 in Appeal No. 207 of 1997. By this order, the School Tribunal has directed the petitioner to reinstate respondent No. 4 to his original post as a "Lecturer" with full backwages and other incidental benefits such as continuity of service, increments, difference in pay etc. from the date of his termination till reinstatement.

(2.) The facts giving rise to the present Petition are as follows :

(3.) The petitioner complied with the order of the School Tribunal and sent the Caste Certificate of the respondent No. 4 for scrutiny. The Caste Scrutiny Committee by its order dated 28th November, 1997 declared that the respondent No. 4 did not belong to the Nomadic Tribe category and cancelled the Caste Certificate issued to him. Immediately thereafter on 11th December, 1997, the petitioner terminated the services of the respondent No. 4 as his Caste Certificate had been invalidated by the Scrutiny Committee. An Appeal was preferred in 1997 by respondent No. 4 before the School Tribunal challenging the order of the petitioner. The School Tribunal granted him an interim stay to the termination order.