SUNDARLAL HARI ROKADE Vs. DNYAN PRASARAK SHIKSHAN SANSTHA

JUDGEMENT

(1.) This writ petition challenges the judgment and order dated 7.8.2007 passed by the School Tribunal in Appeal No. STC-287/1996. The Petitioner had filed the said appeal, challenging his oral termination from service as Head Master of the School w.e.f.24.6.1996. The only ground on which the appeal has been dismissed is, that the Petitioner was not qualified for being appointed as Head Master of the School as he did not possess five years teaching experience, as contemplated by Rule 3 (1) (b) of the MEPS, (Maharashtra Employees of Private Schools) Rules.

(2.) The case of the Petitioner was that he was qualified for being appointed as Head Master and in accordance with the provisions of Section 5 (1) of the MEPS Act, he was appointed as Head Master on probation for a period of two years, by an order dated 30.8.1995. The Petitioner joined the services on 1.9.1995. However, he was not allowed to perform the duties w.e.f.24.6.1996. Hence, he had preferred an appeal before the School Tribunal, challenging the termination.

(3.) The case of Petitioner was that he was appointed on probation for a period of two years and his services could not have been terminated except on the ground of unsatisfactory service. According to the Petitioner, this was not a ground of termination, put forth by the Respondent management. The management in response to the memo of appeal took the stand, that the Petitioner had voluntarily resigned from the post of Head Master on 1.7.1996 and hence, the question of management terminating the services of the Petitioner, did not arise.