1 wp471.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 471 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. Pratap G. Rodge, Advocate for the petitioners. Mr. S.S. Jadhavar, Advocate for respondent no.1. 1. Challenge is to the judgment of School Tribunal. School Tribunal found appointment of the respondent no. 1 as Shikshan Sevak on probation and her termination without conducting any departmental enquiry unsustainable. 2. Challenge before this Court is her appointment was for temporary period, her service record was not satisfactory and there was reduction in number of sections. Learned Counsel for petitioner has attempted to justify these contentions. 3. Learned counsel for respondent no.1 pointed out that the termination is w.e.f. 01.12.2007 and the number of sections in School has remained unaltered during that 2 wp471.11 educational session. He has therefore invited to communication of Education Officer, which has categorically informed the management in this respect and also about the grant of continuity to the service of the present respondent no.1 on 02.02.2008. 4. The unsatisfactory service has not been proved by producing before the School Tribunal any resolution of management passed after considering such record. Similarly as appointment was as Shikshan Sevak, it has to be for a period of three years and no justification to term it as temporary one is being pressed into service. 5. School Tribunal has considered relevant material and has allowed the appeal filed by the respondent no.1. I do not find any jurisdictional error or perversity. The Petition is rejected. (B.P. DHARMADHIKARI) JUDGE. 21.01.2011 gas/wp 471.11