PRAMOD RAJARAM PAWAR Vs. HEAD MISTRESS, SARASWATI VIDYALAYA

JUDGEMENT

(1.) By the present petition the petitioners are challenging the order passed by the School Tribunal on 14th January, 2002 by which the appeal preferred by the petitioner teacher has been rejected.

(2.) The petitioner was appointed as a teacher with the respondent no.1 some time in about 14th June, 1999. The said service was temporary and for a period upto 30th April, 2000. On 27th April, 2000 the petitioner was informed that the service of the petitioner is terminated w.e.f. 30th April, 2000. It is this order of termination which was the subject matter of appeal before the School Tribunal. It is the admitted position that the petitioner did not complete even a period of 2 years. Assuming that the petitioner was appointed in a clear vacancy on probation under the provisions of sub-section (2) of section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, every person appointed to fill a permanent vacancy shall be on probation for a period of 2 years. In the light of the aforesaid the petitioner has no right to post. It has been fairly pointed by the learned counsel for the petitioner that the issue has been covered by the Judgment of the Hon'ble Supreme Court of India in the case of Bhartiya Gramin Punarrachana Sanstha Vs. Vijay Kumar & Ors., 2002 AIR(SC) 3092) (sic in para 7 as under:

(3.) In view of the aforesaid, I find there is no merit in the petition and the petition is accordingly dismissed with no order as to cost.