GAJANAN UDDHAORAO GAROLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri Patil, learned counsel for the appellant, Shri Ahirkar, learned AGP for respondent No. 1 and Shri Parchure, learned counsel for respondents No. 2 and 3. Admit. Taken up for final hearing by consent.

(2.) This is an appeal by a Teacher whose services were terminated by the respondents. The learned Single Judge of this Court has held that the School Tribunal has rightly dismissed the appeal filed by the appellant because the appointment order was not signed by the Head Master and though he is an OBC candidate, he was appointed on a post which was reserved for a candidate belonging to Scheduled Tribe category.

(3.) Shri Patil, learned counsel for the appellant submits that the appointment could not have been held to be bad on the ground that the appointment order was not signed by the Head Master, as it was signed by the Secretary of the Management and was in substance the order by the management. He places reliance upon section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. Section 5 of the Act, insofar as it is relevant reads as follows :