LAWS(BOM)-2014-4-89

SHARDA Vs. KAVI KALIDAS SHIKSHAN SANSTHA

Decided On April 21, 2014
SHARDA Appellant
V/S
Kavi Kalidas Shikshan Sanstha Respondents

JUDGEMENT

(1.) THIS petition takes exception to the judgment and order dated 18.4.2001 passed by the School Tribunal, Nagpur, dismissing Appeal No.STN/243 of 1993 filed under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 ( ''MEPS Act '') challenging the termination of the petitioner from service by an order dated 3.4.1993 with effect from 4.5.1993.

(2.) THE facts of the case are as under : In response to the advertisement dated 17.7.1992 issued by the respondent -Management of the School, the petitioner applied for the post of an Assistant Teacher to teach the Middle School Classes. The petitioner was possessing the requisite qualifications of S.S.C., D.Ed. in terms of the said advertisement and was, upon her selection, appointed as an Assistant Teacher on temporary basis for a period of one session with effect from 19.11.1992. This appointment was approved by the Education Officer (Secondary), Zilla Parishad, Nagpur, by his order dated

(3.) THE petitioner further alleged in his memo of appeal that during the Academic Session 1992 -93, total seven teachers were working in the School, whose names are stated in the memo of appeal and the details of the classes where they were teaching are also given. It is further averred in the appeal that pursuant to an advertisement dated 17.7.1992, four persons were appointed as Teachers as under : <FRM>JUDGEMENT_532_TLMHH0_2014.html</FRM> It is alleged that out of the aforesaid four Teachers, only the petitioner was terminated and other three Teachers were continued for Academic Session 1993 -94, and this was the mala fide action on the part of the Management.