JAGRUTI EDUCATION SOCIETY, BHANDARA Vs. PRESIDING OFFICER, SCHOOL TRIBUNAL, NAGPUR DIVISION, NAGPUR AND OTHERS

JUDGEMENT

(1.) THE extraordinary jurisdiction of this Court is sought to be invoked for quashing the order passed by the School Tribunal, Nagpur on 15th December 1983. A declaration is sought that the appeal filed by the respondent No. 3 before the School Tribunal was not maintainable and the School Tribunal had no jurisdiction to entertain and decide the said appeal. Alternatively, it is claimed that the order passed by the School Tribunal be quashed and the matter be remanded for decision according to law.

(2.) THE facts giving rise to this litigation may be briefly stated as follows : The petitioner runs a Primary School at Bhandare. The respondent No. 3 was appointed initially, on a temporary basis, by order dated 23 -8 -1978. This appointment lapsed on 30th June 1979. She was again appointed temporarily from 2 -7 -1979 to 30 -4 -1981. She had no right to the post. As the last appointment expired on 30th April, 1981, she did not join thereafter and no fresh appointment order was issued. She, however, filed an appeal before the Education Officer of the Zilla Parishad, Bhandara on 4 -7 -1981. The Education Officer conducted an enquiry and passed an order on 14th September, 1981 rejecting the said appeal. Nothing happened thereafter.

(3.) THE School Tribunal negatived the contentions of the petitioner and allowed the appeal. It directed the petitioner to reinstate the respondent No. 3 forthwith with all back wages. Feeling aggrieved with this order, this petition has been filed.