BHASKAR BHIMRAO ATALKAR Vs. JANTA EDUCATION SOCIETY CHOUSALA

JUDGEMENT

(1.) BY invoking the writ jurisdiction of this Court under arts. 226 and 227 of the Constitution of India, the petitioner/employee has challenged the order dated 6. 7. 1991 passed by the School Tribunal rejecting the appeal of the employee holding that his termination was legal as per the provisions of the Maharashtra Employees of Private Schools (Conditions of Service)Regulation Act, 1977 (for short the M. E. P. S. Act ).

(2.) RELEVANT facts are as under : the petitioner was appointed as assistant teacher in the respondents school by virtue of the appointment order dated 26. 10. 1987. The employee joined the secondary school as assistant teacher on 2. 11. 1987. The appointment was temporary for the period of one year commencing 31. 10. 1987 to 30. 10. 1988 and with an option that the appointment would be continued for one year on probation. The employee continued to work in the school even after 30. 10. 1988 and the Education Officer/respondent No. 5 accorded approval to the appointment of the employee by his letter dated 10. 8. 1988 by which the appointment was approved till the end of the academic session which ended on 30. 4. 1988. The services of the petitioner were terminated with effect from 25. 4. 1988. This termination was challenged by the petitioner before the School Tribunal by preferring an appeal, which came to be dismissed on 6. 7. 1991 holding that the appointment order of the petitioner itself was illegal and the respondent No. 4. another employee, was clearly absorbed in his vacancy in the Secondary School in accordance with the provisions of the Act. This is how the petitioner is before this Court.

(3.) MR. Kothale, learned Counsel, for the petitioner contended that the petitioner was appointed on probation by virtue of the appointment order dated 26. 10. 1987 which is signed by the President of the respondent/ school, to whom the powers were delegated by the General Body in the meeting held on 26. 8. 1981 and also the agreement was reduced into writing between the two Presidents of the Schools, i. e. President, Janta Education society, Chousala, as well as the President, School Committee, Smt. Kesharbai Khandelwal. The learned Counsel for the petitioner therefore contended that the President of the School had authority to appoint the petitioner/employee in the secondary school on probation in a clear and permanent vacancy and, therefore, his appointment was quite legal and valid. In support of this submission, he relied on the decision of Division bench of this Court in Dnyan Vikas Mandal v. Parashram s/o Laxman lokhande and Ors.