Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO.5952 of 1997 1. Gram Vikas Seva Mandal, C/o. Samta Vidyalaya, At & Post: Sawkarwadi, Taluka Malegaon, Dist. Nashik. 2. The Chairman, Gram Vikas seva Mandal, 3. The Secretary, Gram Vikas Seva Mandal ...Petitioners V/s. 1. Deore Ranjana Wanji R/o. Burud Galli, Shivkrupa Building, Gangurde Chawl, At & Post: Chandwad, Dist. Nashik. 2. Head Master, Samta Vidyalaya, At & Post Sawkarwadi, Tal. Malegaon, Dist. Nashik. ...Respondents Mr.M.P.Vashi, Advocate for the Petitioner Mr.Mihir Desai, Advocate for Respondent No.1 CORAM CORAM CORAM : B.H.MARLAPALLE,J. : B.H.MARLAPALLE,J. : B.H.MARLAPALLE,J. DATED DATED DATED : 1st February , 2008 : 1st February , 2008 : 1st February , 2008 ORAL ORAL ORAL JUDGEMENT JUDGEMENT JUDGEMENT The Petitioner management is aggrieved by the Judgement and Order dated 15-4-1997 rendered by the School Tribunal at Nashik allowing Appeal No.26/1993 and thereby directing the reinstatement of the Respondent Teacher on her original post with backwages from the 2 date of termination. While admitting this petition the prayer for stay to the order of reinstatement was declined but on the relief of payment of backwages interim stay was granted on 16-4-1997 and consequently, the Respondent No.1 teacher was reinstated. As per the instructions received by Mr. Mihir Desai, the learned counsel for Respondent Teacher, she was subsequently declared surplus and absorbed in some other School under Rule 26 of the MEPS Rules, 1981 w.e.f. 20-2-2003. 2. Though this petition has been filed by the management, the Head Master who was original Respondent No.4 in the Appeal filed by the petitioner has been impleaded as Respondent No.2 and without any reasons. As per the Respondent Teacher she was appointed w.e.f. 13-6-1990 and on 12-6-1991 she was transferred to Chinchol from Sawkarwadi for the academic year 1991-92 and again on 8-6-1992 she was brought back to the Samta Secondary and Higher Secondary School at Sawkarwadi. She alleged that she was issued an order of termination dated 30-4-1993 after having worked for 3 continuous years. She further stated that she was appointed in a clear vacancy and, therefore, the termination order was illegal. The Appeal was filed belatedly and was subsequently allowed to be amended. 3 . The management on the other hand, in its written-statement before the School Tribunal admitted that the appellant teacher had worked in the academic year 1990-91 and in the academic year 1991-92. It denied that the appellant was in service in the academic year 1992-93. It further stated that in the academic year 1990-91 she was appointed on temporary basis whereas in the academic year 1992-93 she was appointed on reserved vacancy. During the pendency of appeal, the appellant had brought on record caste certificate issued by the Executive Magistrate, Kalwan and as per the said certificate the appellant belongs to OBC. . The School Tribunal noted that the muster-roll of 1991-92 produced by the management could not be relied upon in as much as in every month she was shown as absent. If the appellant was not appointed in the academic year 1991-92 or if she was not in service in any academic year as claimed by the management, the attendance muster would not show that she was absent. The School Tribunal, therefore, noted that the management had played a mischief and the mischievous act of the management was duly opposed. The said muster-roll of 1991-92 was produced in the year 1997 and as far as the appellant was concerned, the endorsement was in the same hand-writing all throughout. Consequently, this evidence was discarded and the School 4 Tribunal recorded a finding that the appellant was in service in the academic year 1991-92. 3. There is one more reason on the basis of which the School Tribunal held that the appellant was in continuous service for 3 academic years and infact prior to that in the academic year 1990-91 as well and this evidence was experience certificate dated 24-1-1991 issued by the Head Master of Samta Vidyalay at Sawkarwadi, Tal. Malegaon, Dist. Nashik. The said certificate stated that the appellant had worked in that School in the academic years 1989-90, 1990-91 as an Assistant Teacher and from 4-6-1991 she was continued for the academic year 1991-92. This certificate was issued by the management and the School Tribunal got impressed by this. Thus, the appellant had worked from the academic year 1989-90, 1991-92 and in the academic year 1992-93 she claimed to have been appointed against the reserved post (ST) but from the record the School Tribunal noted that the appellant was shown to be a candidate from scheduled tribe and appointed against the open post in the academic year 1992-93. The Tribunal was,therefore, justified in recording a finding that the management was not coming out with true facts and was guilty of suppressing the material facts. The management did not bring on record any evidence to show that the appointment of the petitioner was not against 5 the permanent vacancy, she was not a qualified teacher, her appointment was not approved by the Education Officer as and when such approval proposals were submitted by them and, therefore, on these obtaining circumstances the Tribunal was right in holding that the termination was illegal more so when the teacher had worked for four continuous academic years and the roaster produced by the management was not authenticated by the competent authority and the roaster submitted was also not relied. 4. Hence, this Petition fails and the same is hereby dismissed. Interim order granted earlier on the payment of backwages stands vacated. 5. Rule discharged with no order as to costs. [B.H.MARLAPALLE,J.] [B.H.MARLAPALLE,J.] [B.H.MARLAPALLE,J.]