2211lpa97.10.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR L.P.A.No.97 of 2010 in Writ Petition No.1484 of 2008 (D) (Vilas Parashram Dongardive .vs. P.O., School Tribunal, Amravati and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: S. A. Bobde and P. D. Kode, JJ. Date : 22/11/2010. Heard Mr. R.S.Charpe, Adv. for the appellant and Mr.A.S.Kilor, Adv. for respondent no.3. This is an appeal against the judgment of the learned Single Judge upholding the order of the School Tribunal. The School Tribunal dismissed the appeal of the appellant and upheld termination of his services on the ground that approval to his appointment has been validly withheld. There is no dispute that the appellant did not qualify as he holds the educational qualification of B.P.Ed. only when the post under question requires the qualification of B.Ed. Further, the School Tribunal has found that the procedure for appointment has been breached by the Management in toto; no advertisement was 2211lpa97.10.odt 2 . given and the appellant did not give any application for his appointment nor was he interviewed. In fact, because of these activities, an arbitrator was appointed. Mr.Charpe, Adv. for the appellant argued that no evidence in this regard has been produced. Indeed, there cannot be a negative evidence to prove absence of advertisement, appointment order etc. There is no merit in the appeal. Hence, the same is dismissed. JUDGE JUDGE jais