wp709.11.odt 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.709/2011 Mahatma Fule Magaswargiya Mandal and others -vs- Vishnu Laxman Kasare and another ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Dr.R. S. Sundaram, counsel for the petitioners. Shri A. D. Mohogaonkar, counsel for the respondent No.1. Shri Sonare, AGP for the respondent No.2. CORAM : SMT. VASANTI A. NAIK, J. DATE : 12.09.2011. By this petition, the petitioner impugns the order passed by the Presiding Officer, School Tribunal, Nagpur (Chandrapur) on 05/01/2011 deciding the preliminary issues against the petitioner and holding that the school was recognized and the appointment of the respondent No.1 was made as per the provisions of Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act and the Rules framed there under. It is submitted on behalf of the petitioner that the Tribunal was not justified in holding that the respondent No.1 was duly appointed on the vacant post which was advertised on 25/09/1992 only because the respondent No.1 was appointed on 01/10/1992 and one Mr. Madhav Wanjari was appointed with effect from 06/10/1992. It was the case of the petitioner wp709.11.odt 2/3 that since Mr. Madhav Wanjari was found to be eligible and suitable for the post, he was appointed on probation for a period of two years whereas the petitioner was appointed only on year to year basis and hence, the Tribunal could not have held that the petitioner was appointed on the post which was advertised on 25/09/1992. According to the learned counsel for the petitioner, though the burden heavily lay on the respondent No.1 to prove that the appointment was made after following the due procedure laid down by the law, the respondent No.1 has failed to discharge the burden. In such circumstances, according to the learned counsel for the petitioner, the Tribunal was not justified in holding that the appointment of the respondent No.1 was, in accordance with the provisions of Rule 5 of the Act of 1977, specially when all the documents produced by the parties were not considered by the Tribunal. On hearing the learned counsel for the parties and on perusal of the impugned order dated 05/01/2011, it appears that the Tribunal was justified in answering the preliminary issues in favour of the respondent No.1. The advertisement was placed on record which shows that there was a vacancy of a mathematics teacher. The Tribunal observed that the respondent No.1 was appointed on 01/10/1992 whereas Mr. Madhav Wanjari was appointed on 06/10/1992. The view expressed by the Tribunal that if Mr. Madhav Wanjari was found due and eligible, his appointment ought to have been wp709.11.odt 3/3 made earlier in point of time cannot be said to be unreasonable or irrational. The Tribunal rightly gave due weightage to the fact though the respondent No.1 was initially appointed for a period of one year only, the respondent No.1 was continued on the post of assistant teacher for almost thirteen years and was removed by the petitioner after holding an enquiry against him. It is further conspicuous to note that the services of the respondent No.1 as an assistant teacher were approved by the Education Department and the respondent No.1 was paid the salary from the Government Exchequer. In this background, no fault can be found with the order passed by the Tribunal holding that the appointment of the respondent No.1 was in accordance with the provisions of Section 5 of the Act of 1977. Hence, for the reasons aforesaid, the writ petition is dismissed with no order as to costs. Since the matter is an old one, the Tribunal is directed to decide the appeal as expeditiously as possible. JUDGE KHUNTE