PRASHANT Vs. VIDARBHA GRAMIN SHIKSHAN SANSTHA

JUDGEMENT

(1.) In this letters patent appeal challenge is to the order dated 26.7.2010 passed by the learned Single Judge of this Court in the writ petition rejecting the writ petition and maintaining the order dated 1.7.2005 passed by the learned Member of the School Tribunal, Amravati whereby the learned Member of the School Tribunal had dismissed the appeal filed by the appellant challenging the cancellation of his appointment as a Junior Clerk with the respondent Nos.1 and 2.

(2.) The facts leading to this appeal are as follows :

(3.) The learned Member of the School Tribunal dismissed the appeal for the reasons recorded vide order dated 1st July, 2005. The appellant challenged the judgment and order passed by the School Tribunal by filing writ petition. The learned Single Judge vide order dated 26th July, 2010 rejected the writ petition and maintained the order passed by the learned Member of the School Tribunal, Amravati. The learned Single Judge held that initial appointment of the appellant on the post of Junior Clerk was not according to law inasmuch as he was appointed on the post which was reserved for candidate of Scheduled Caste category. The contention raised with regard to the reduction in the rank was rejected on the ground that subsequent appointment of the appellant on the post of Peon was a fresh appointment and as such does not constitute the reduction in rank.