1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.1144 of 2007 Shri Suresh Vasantrao Patil Petitioner Vs. The Head Mistress, Kanya Vidyalaya Peth & ors. Respondents Mr.Pradeep Patil for petitioner. Mr.S.K.Chinchalikar, AGP for State. CORAM: B.H.MARLAPALLE, J. January 22, 2008 P.C. . Heard the learned counsel for the petitioner. It is the case of the petitioner that for the first time he was appointed as an Assistant Teacher with effect from 15/6/1993 for the academic year 1993-94 and at that time he had the qualifications of B.A., B.P.Ed. He was continued in every academic year till 1/5/1999 and by then he had acquired the qualifications of M.A. as well. In the academic year 1999-2000 he was not issued any appointment order and, therefore, he approached the School Tribunal by filing Appeal No.77 of 1999 contending that his termination from service with effect from 1/5/1999 was illegal and he had attained the status of a deemed permanent teacher within the meaning of 2 Section 5(2) of the MEPS Act, 1977 (for short "the Act") and that he ought to be reinstated as an Assistant Teacher. . The School Tribunal by the impugned order has dismissed the appeal by noting that the Education Officer by his letter dated 3/12th December 1995 had not granted the approval for the appointment of the petitioner only for the academic year 1995-96 and in the academic year 1996-97 again the approval was refused as per the letter dated 11/4/1997. The School Tribunal also noted that the Assistant Commissioner, Backward Cell on 15/7/1997 had verified the roaster and noted that as on 15/6/1993 there were two vacancies of S.C., one vacancy of S.T. and one vacancy of V.J.N.T. to be filled in from the backward classes. Thus there were two reasons accepted by the School Tribunal in support of the management’s case that the petitioner’s appointment was against a post reserved for backward classes and at no point of time his appointment was approved by the Education Officer. . The impugned judgment, therefore, does not suffer from any errors apparent on the face of the 3 record and no interference is called for in the said order under Article 227 of the Constitution. . The petition is, therefore, rejected summarily. . The learned counsel for the petitioner submitted that in the Kanya Vidyalaya, Peth there are about 250 students as of now and, therefore, there is a vacant post of Assistant Teacher for Physical Education and the petitioner could be absorbed in such vacant post. Needless to mention it is for the respondent nos.1 to 3 to take appropriate steps to fill in the post of Assistant Teacher, Physical Education, if vacant, by releasing an advertisement and holding the selection process. If the petitioner happens to be one of the applicants for such a post, if advertised by the respondent nos.1 and 2, undoubtedly he shall be given preference for such appointment and his application shall not be rejected only on the ground of over-age. (B.H.MARL