*1* wp.3771.11.901.sxw kps HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3771 OF 2011 Nana Bhimrao Chavan. ..Petitioner v/s Chairman, Devi Ekveera Shikshan Mandal and others. ..Respondents ........ Mr.Ravindra J. Dhond, for the Petitioner. Mr.Ameya Tamhane, for the Respondent Nos.1 and 2. Mr.P.G.Sawant, “B” Panel Advocate, for the Respondent Nos.3 and 4. ......... CORAM:- S.C.DHARMADHIKARI, J. Date: 25th August, 2011. P.C.:- 1 The Writ Petition is challenging the order passed on 02.11.2007 terminating the services of the Petitioner and that of the Presiding Officer, School Tribunal, in Appeal No.43/2009 dated 30.11.2009 dismissing the Petitioner’s appeal to challenge the said termination. The Presiding Officer has held that the Petitioner was appointed as Shikshan Sevak w.e.f. 01.08.2001. The proposal for approval was sent to the Education Department which rejected the same on the ground that the subjects are not available at his degree examination level. The Petitioner acquired B.Sc. degree in Electronics subject and it is not a subject taught at school level. The Petitioner pointed out that he is well versed in teaching Physics subject. Further the Petitioner also pointed out that the teacher for Physical Education is not available and therefore, he may be considered for the vacant post of the teacher in Physical Education. Before the School Tribunal it could not be proved that there is such vacancy. 2 When this matter was placed before me, I had orally directed the Petitioner’s Advocate, so also, the Advocate appearing on behalf of the *2* wp.3771.11.901.sxw Respondent Nos.1 and 2, to take instructions as to whether, there is any post available for the Petitioner in the schools run by Devi Ekveera Shikshan Mandal (Management). 3 Mr.Tamhane, learned counsel appearing for the Respondent Nos.1 and 2, states that there are two schools run by the Management and in either of the said schools, the post in science subject is available. That post is vacant and the Petitioner can be appointed as Assistant Teacher in this post in either of the schools. He states that if the Petitioner is agreeable, the appointment order will be issued within a period of one week. 4 The Petitioner is present in the Court and on taking instructions from him, his Advocate states that the Petitioner is ready and willing to join in either of the schools in the available post. Both agree that if the Petitioner is required to take classes of the students in the subject of physical education, he will be ready and willing to do so and he will be provided that opportunity as well. 5 The Petitioner is having B.Sc. degree in Electronics and also a degree, namely, Bachelor of Physical Education and therefore, can be appointed as Assistant Teacher in either of the said schools. Further on appointment, the Management agrees to forward the proposal to the Education Department seeking approval to the Petitioner’s appointment within a period of four weeks from the date on which the Petitioner resumes the duty. The Petitioner shall be reinstated in service of the Respondent No.1, but in either of the schools run by the Respondent No.1. The order of the School Tribunal is quashed and set aside with the aforesaid modifications. The Writ Petition is, accordingly, disposed of. No costs. (S.C. Dharmadhikari, J)