SAHEBRAO SADHUJI TEMBHARE Vs. NAVYUVAK SIKSHAN SANSTHA EKODI

JUDGEMENT

(1.) By this petition, the petitioner impugns the judgment passed by the Presiding Officer, School Tribunal, Nagpur (Chandrapur) on 3.5.2001 dismissing the appeal filed by the petitioner under the provisions of section 9 of the M.E.P.S. Act, 1977.

(2.) The petitioner had filed an appeal before the Presiding Officer at Nagpur stating therein that he was appointed as an Assistant Teacher on 1.7.1988. The petitioner had passed his S.S.C., D. Ed. Examination and it is his case that he was continued in service till 18.8.1993. He was appointed on a clear and vacant post and he had completed his probation period successfully. It was further his case that he was a deemed confirmed employee and the management could not have terminated his services orally. It was the case of the petitioner that his services were protected under the provisions of section 5(3) of the M.E.P.S. Act, 1977.

(3.) The management filed the reply and denied the case of th petitioner. It was the case of the management that the petitioner was appointed temporarily on year to year basis as the post on which the petitioner was appointed was reserved for a Scheduled Tribe candidate. Since no Scheduled Tribe candidate was available, the petitioner who did not belong to any of the reserved categories, was required to be appointed on the post of Assistant Teacher.