VIDYA BHARTI SHIKSHAN SANSTHA Vs. PRESIDING OFFICER

JUDGEMENT

(1.) These petitioners by Management are directed against the judg-ments rendered on 21-9-2000 by the learned Presiding Officer, School Tribunal, Nagpur, allowing appeals of respondents No. 2 in each of the three petitions.

(2.) The petitioner-Society started a School on no-grant basis in 1991 and the School was provided grant-in-aid by the State Gov-ernment from 1996. Respondent No. 2 in Writ Petition No. 399 of 2001 Sunildatta, who belongs to Scheduled Caste, was ap-pointed as Assistant Teacher from 1 -7-1992 in a vacancy meant for that category. He was untrained graduate and completed his Vacation B.Ed. Course in summer of 1995, i.e. after his termination on 30-4-1994. Re-spondent No. 2 in Writ Petition No. 418 of 2001 - Dileshwari was appointed as un-trained Teacher since the beginning of the School. The first appointment order dated 5-7-1991 was from 8-7-1991 till the end of 1991-92 session. She belongs to OBC cat-egory. She too claims to have completed Vacation B.Ed. Course, but by June 1996, i.e. after her termination on 30-4-1994. Respondent No. 2 in Writ petition No. 419 of 2001 - Pralhad too was appointed as un-trained teacher with effect from 2-7-1990( ). He belongs to OBC category and claims to have completed Vacation B.Ed. Course in July 1994, i.e. after his termina-tion on 30-4-1994.

(3.) These respondents claimed that they were appointed on clear and permanent va-cancies, had been deputed by the Manage-ment for completing B.Ed, and were, there-fore entitled to continuation. The petitioner terminated services of respondent No. 2 in these petitions with effect from 30-4-1994 by giving one month's notice on 31-3-1994. The petitioner claimed that the respondents were appointed on year-to-year basis and had not been deputed for B.Ed. Vacation Course by Management and that their services came to an end on expiry of term of appeal.