KU. KALPANA DADAJI RAHATE Vs. MAGASWARGIYA SHIKSHAN SANSTHA

JUDGEMENT

(1.) In this Letters Patent Appeal, challenge is to the Judgment and order dated 26/03/2012 passed in Writ Petition No.5279/2009, whereby the learned Single Judge allowed the writ petition and set aside the Judgment and order dated 29/09/2009 passed by the learned Presiding Officer of the School Tribunal granting benefit of reinstatement and other consequential benefits to the appellant.

(2.) The respondent No.3 - School is managed by respondent Nos.1 and 2. It is the case of the appellant that she possessed B. A. B.Ed. qualification and belongs to OBC category. The selection process for filling up three vacancies of the Assistant Teachers in the respondent No.3 - School was conducted by the School Committee. The appellant was selected and appointed as an Assistant Teacher in a clear and permanent vacancy for period of two years vide appointment order dated 11/07/1998. The appellant performed her duties satisfactorily. The proposal for approval forwarded by the management was returned by the Education Officer. It is alleged that the Headmistress of respondent No.3 - School all of a sudden prevented the appellant from signing the muster roll and working in the school from 25/06/1999. It is the case of the appellant that this act on the part of Headmistress would tantamount to her termination. The appellant, therefore, challenged her termination from service before the School Tribunal.

(3.) The respondent Nos.1 to 3 filed written statement and opposed the claim. In sum and substance, the respondents denied the material facts pleaded by the appellant. According to the respondents, the appellant was appointed on a post reserved for VJNT category, though she does not belong to VJNT category. Her appointment was temporary for period of one year w.e.f. 15/07/1998 till the end of session. This fact was specifically mentioned in the appointment order. The proposal for approval to the appointment of the appellant was rejected by the Education Officer on the ground that there was backlog of Scheduled Tribe and Nomadic Tribe category candidates. There was no termination of service of the appellant inasmuch the appointment of the appellant came to an end by efflux of time. There was no violation of the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (hereinafter referred to as "MEPS Act") and the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981 (hereinafter referred to as "MEPS Rules").