SNEH KOHLI Vs. UNIVERSAL ENGLISH TRUST & ANR

JUDGEMENT

(1.) By this petition filed under Article 226 of the Constitution of India, the petitioner seeks to impugn the order and judgment dated 28 th August, 1997 passed by the learned Presiding Officer, School Tribunal, Mumbai dismissing the appeal filed by the petitioner under section 9 of the Maharashtra Employees of Private Schools (Condition of Service) Regulation Act, 1977. Some of the relevant facts for the purpose of deciding this petition are as under :-

(2.) It was the case of the petitioner that the petitioner had obtained degree of B.A. from Pune University, M.A. from Bombay University and B.Ed. from Anna Malai University and was appointed as an assistant teacher against clear vacancy in respondent no.2 school w.e.f. June 1990. The petitioner belongs to the open category. The petitioner was continued in the next academic year in the same post in the respondent no.2 school.

(3.) On 23rd March, 1992 the petitioner was issued a letter terminating her services w.e.f. the end of the academic year 1992-93. It is the case of the petitioner that she was however told that her services would be continued in the next year. On 25 th June, 1992 the petitioner challenged the termination by filing an appeal (BOM/158/1992) before the school tribunal, Bombay Region, Bombay under section 9 of the said MEPS Act. The management opposed the said appeal filed by the petitioner by filing the written statement on 13th December, 1992 on several grounds including on the ground that the post against which the petitioner was appointed was specifically reserved for S.C., S.T. It was contended that even in the advertisement issued by the management in response to which the petitioner had applied for the said post it was made clear that the post advertised was reserved for S.C., S.T. etc.