NUSRAT YASMEEN Vs. CENTRAL TANZEEM COMMITTEE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith.

(2.) The petition challenges the judgment of the learned School Tribunal, dated 27/11/2017, dismissing the appeal as filed by the petitioner, against her termination dated 25/6/2015 from the post of Assistant Teacher with the respondent no.2 - School, run by the respondent no.1.

(3.) Mr. Abhyankar, learned Counsel for the petitioner, in so far as the finding that the petitioner had failed to produce advertisement on record, whereby the filling up of the vacant seats in the permanent non-grant section of the respondent no.2 - School were advertised, he submits that the same is contradictory to what has been found in para 16 of the impugned judgment. Even otherwise, learned Counsel submits that the entire record relating to the advertisement as well as Resolution was in custody of the respondent no.1 and when it is prima facie proved that such a record existed, then it was the bounden duty of the respondent no.1, who had its custody, to place the same on record, failure to do which, invites an adverse inference to the effect that the record was not being produced as it would go against the respondent no.1. Learned Counsel therefore submits that the impugned judgment cannot be sustained in law, as the lack of advertisement is the only ground, upon which, the appeal has been dismissed.