1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Letters Patent Appeal No.186/2008 IN Writ Petition No. 849/2008 (Smt. Raziya Khatoon w/o Khalid Minhas VERSUS President, Ahebaab Education Society & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.R. Deshpande, counsel for the petitioner. Mr. A.P. Chaware h/f Mr. A.S. Deshpande, counsel for the R-1. Mr. M.R. Joharapurkar, counsel for the R-4. Mrs. S.S. Wandile, A.G.P. for the R-5. CORAM : S.A. BOBDE AND SMT. VASANTI A. NAIK, JJ. DATE OF RESERVING THE ORDER : JANUARY 14, 2010. DATE OF PRONOUNCING THE ORDER: FEBRUARY 02, 2010. The appellant has appealed against the judgment of the learned single Judge dated 25.02.2008 in Writ Petition No.849/2008 upholding the judgment of the Presiding Officer, School Tribunal, Amravati, dismissing an appeal filed by the appellant under the provisions of Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. The petitioner was appointed as an Assistant Teacher by the respondent no.1 society on 01.01.1996. The services of the petitioner were terminated by the respondent no.1 on 27.06.1997. It is not in dispute that the petitioner 2 was not a trained graduate either on the date of her appointment on 01.01.1996 or at the time of her termination on 27.06.1997. The petitioner had acquired the B.P.Ed. Qualifications on 11.06.1998. It appears that the appellant was not qualified for being appointed on the post of Assistant Teacher on 01.01.1996. Since the appellant was not a trained graduate, the Education Officer had not granted any approval to the appointment of the appellant on the post of Assistant Teacher. It is also necessary to note that the appointment order was not in the prescribed form as provided by the Rules of 1981. In these circumstances, no fault can be found with the action of the management, respondent no.1, in terminating the services of the appellant by the order dated 27.06.1997. The unreported judgment dated 08.10.2008 in the case of Shri Sant Gajanan Maharaj Bahuuddeshiya Shikshan Prasarak Mandal, & another Versus Devendra Bhagwanji Matode & 2 others in Writ Petition No.1727/2007 and relied on by the counsel for the appellant would not be of any assistance to the case of the appellant as it is not the case of the appellant that in the instant case the management had 3 issued the deputation certificate and an undertaking as was issued by the management in the case of Shri Sant Gajanan Maharaj Bahuuddeshiya Shikshan Prasarak Mandal, & another Versus Devendra Bhagwanji Matode & 2 others, decided by this Court on 08.10.2008. In the result, the letters patent appeal is dismissed with no order as to costs. JUDGE JUDGE APTE