GURUKUL SHIKSHAN SANSTHA Vs. EKNATH RAMESHWAR RAURALE

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally by consent of learned counsel for the respective parties.

(2.) By this petition, the petitioner/Management has prayed to quash and set aside Judgment and Order dt. 30.1.2014 passed by the Presiding Officer, School Tribunal, Amravati Division, Amravati, whereby the appeal filed by respondent no.1 herein/ Shri Eknath Rameshwar Raurale challenging termination of his service with effect from 18.2.2013 by an Order issued by the petitioners dt. 16.2.2013 was partly allowed. Termination of service with effect from 18.2.2013 was set aside as illegal. By the impugned order, respondent no.1 was directed to be reinstated to the post of junior College teacher within period of 40 days from the date of order, with 50% back wages payable within two months to respondent no.1 for the period with effect from 18.4.2013 till reinstatement of respondent no.1. Absence of respondent no.1 from 18.2.2013 till the date of his reinstatement was directed to be treated as continuity of service in the service book of respondent no. 1.

(3.) This petition is by the petitioner/Management, which is a registered Public Trust. The case of the petitioner is that it runs Dyaneshwar Pawar Junior College (Arts, Commerce & Minimum Competency Vocational Courses M.C.V.C.) at Bhatkuli Jain, Tahasil Bhatkuli, District Amravati. On 19.10.1991, respondent no.1, with educational qualifications as M.Com., B.Ed., was appointed as a full time teacher upon production of Caste Certificate showing that he belonged the caste 'Koli Mahadev' (Scheduled Tribe). According to the petitioners, it was obligatory upon respondent no.1 to produce the Caste Validity Certificate. The respondent no.1 had produced the Caste Validity Certificate of the caste 'Koli' (notified as Special Backward Class) and not 'Koli Mahadev' (Scheduled Tribe) as claimed. The petitioner contended that knowing about this misrepresentation, respondent no.1 was required by the Management of the petitioners to produce the Tribal Validity Certificate of Scheduled Tribe 'Koli Mahadev'.