Being aggrieved by the order of termination dated 26.03.1996, respondent No.1 approached the School Tribunal, Kolhapur by filing Appeal No.50 of 1996 under Section 9 of the Maharashtra Employees of Private Schools Conditions of Service Regulation Act, 1977 hereinafter referred to as the M.E.P.S. Act .
Rule 9 9 a of M.E.P.S. Rules, 1981 provides as follows 9 9 a In case it is number possible to fill in the teaching post for which a vacancy is reserved for a person belonging to a particular category of Backward Classes, the post may be filled in by selecting a candidate from the other remaining categories in the order specified in sub rule 7 and if numberperson from any of the categories is available, the post may be filled in temporarily on a year to year basis by a candidate number belonging to the Backward Classes.
Commerce, Kankavli, Dist.
It was further companytended that since the vacancy was earmarked for reserved category other than OBC category as there was numberbacklog of OBC category at the relevant time and such as the same should number have been treated as clear vacancy for OBC category.
Sindhudurg Sub Termination as Asstt.
Despite repeated efforts, due to number availability of SC ST reserved category candidate, and as the said post was filled on purely temporary basis for the academic year 1995 1996, the appellant issued a numberice of termination on 26.03.1996 to respondent No.1 terminating his services at the end of the academic year viz.,
Sd Chairman School Committee M. High School Kankavli Dist.
Teacher after companypletion of your service.
The termination numberice reads thus Termination Notice Shri M.R.Gavali A. B.Ed Asst.
Aggrieved by the order dated 05.02.2004, the appellant Management has filed the above appeal in this Court.
It was further companytended that the appointment of respondent No.1 during the year 1994 95 and 1995 96 were purely temporary and for one academic year each and that the appointments are rather tenure appointments and as such the appointment of respondent No.1 was rightly been terminated by the appellants by the end of the academic year 1995 96 as per provisions of Rule 28 sub clause 1 of the M.E.P.S. Rules.
Your services are terminated .
So as per this letter we intimate you that you are terminated.
Sindhudurg Place Kankavli Dt.
Lakshmanan, J. Leave granted.
You have to hand over all your educational matter, the library books and intimate the office before 30.4.1996.
The Tribunal, vide judgment and order dated 31.03.2003, dismissed the said appeal filed by respondent No.1 and held that in view of the documentary material placed on record, respondent No.1 was appointed on a temporary basis and that P.B. Lohar respondent No.3 in this Court respondent No.5 in the High Court was entitled to be appointed on the said vacant post.
The appeal was opposed by respondent No.2 the Deputy Director of Education.
The respondent filed an appeal under Section 9 of the M.E.P.S. Act before the School Tribunal companytending that he had companypleted two years of service and was entitled to the protection of having attained the status of a permanent employee under Section 5 2 and that since the respondent belongs to the Hindu Mali companymunity which is recognized as an OBC he was entitled to the benefit of Rule 9 9 a of the Maharashtra Employees of Private Schools Rules, 1981 hereinafter referred to as the M.E.P.S. Rules and in that capacity to permanency and companytinuity of service.
The appellant Institution sought to fill up the backlog against the reservation by publishing advertisement in the newspapers.
Teacher M. Jr. College of Sc.
On the basis of the aforesaid affidavit, the Deputy Director of Education approved the said appointment on totally temporary basis for the year 1995 96 due to the backlog of SC ST candidate.
12153 OF 2004 Dr. AR.
1 M.R. Gavali was appointed as Assistant Teacher in the M.Junior College w.e.f.
On 31.01.1996, respondent No.1 again submitted an affidavit on a bond paper stating that the said appointment is temporary and that he will number claim any permanent right on the said post.
Arising out of S.L.P. Civil No.
13.2.1996 Sir, Your appointment was as an Asst.
Respondent No.1 challenged the order passed by the Tribunal dated 31.03.2003 in the High Court by filing a writ petition.
The High Court allowed the said writ petition by the impugned order dated 05.02.2004 by setting aside the order dated 31.03.2003 of the School Tribunal, Kolhapur and directed that respondent No.1 shall be entitled to reinstatement in service with companytinuity of service and back wages.
Kankavali Shikshan Sanstha and two others are the appellants in this appeal.
As per the above reference letter your appointment is companying to a close.
Ref Deputy Director Kolhapur Division UM 1/KV SM/95 96/5428 30 dt.
As per S.S. companye No.9, Sub rule No.9 1 , the post was filled as a temporary teacher only for the academic year 1995 96 and the education department had approved the above post for only the said academic year.
The fourth respondent in this case was available for appointment later on in 1988.
26.3.1996 Respondent No.3 P.B.Lohar respondent No.5 in the High Court who belongs to the OBC category and being duly qualified was transferred since 10.06.1996 in the said vacant post as he had served in the appellant Institution for 20 years at Secondary School.
