CHITRA NITIN PENDHARKAR Vs. MAHARASHTRA EDUCATION SOCIETY

JUDGEMENT

(1.) Rule, returnable forthwith.

(2.) The petitioner has challenged the order of the School Tribunal dated 17-7-2008 dismissing the petitioner's appeal. The petitioner's appointment as a Teacher on open category has been held to be beyond the prescribed percentage for reserved category candidates.

(3.) There are three units of deaf and dumb students which are sanctioned in the school. The petitioner was employed in one of the units. Her services were terminated. The petitioner challenged the termination. The School Tribunal held that each of the aforesaid units will have to be taken separately for applying prescribed percentage of reservation. When it is so applied, the petitioner's appointment cannot be sustained because there are already two open category teachers in the unit and, therefore, the third teacher will have to be a reserved category candidate which the petitioner is not. Taking this view, the School Tribunal has held that the petitioner's appointment is illegal and non est in the eyes of law.