:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1857 OF 2008 The President, Walva Taluka, Boudh Society Walva, District Sangli and anr. ..Petitioners Vs. Shri Nandakumar Ramkrishna Vatari and ors. ..Respondents Mr. S.R. Page for petitioners. Mr. N.V. Bandiwadekar for respondent no.1. Mr. A.P. Vanarse, AGP for respondent nos. 2 and 3. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. Date : March 24, 2008. Date : March 24, 2008. Date : March 24, 2008. P.C.: P.C.: P.C.: 1. Heard Mr. Page the learned counsel for the petitioners who are aggrieved by the Judgment and Order dated 5/2/2008 rendered by the School Tribunal, New Mumbai thereby allowing Appeal No. 36 of 2007 filed by the present respondent no.1. 2. The respondent no.1 possesses the qualifications of B.A. B.Ed. and belongs to OBC. :2: Even if the earlier period from 7/8/1998 to 30/4/2000 is not taken into consideration, the fact remains that the respondent no.2 granted approval to the appointment of respondent no.1 as Shikshan Sevak for a period of three years from 24/11/2000 as per the order passed by him on or about 21/7/2002 and the said period of three years was over on 23/11/2003. The respondent no.1 was abruptly discontinued from 1/5/2007 and, therefore, he approached the School Tribunal in Appeal No. 36 of 2007. The School Tribunal has considered the amended Section 5 of the M.E.P.S. Act, 1977 and 2(24-A) added therein and held that respondent no.1 was a deemed permanent teacher. 3. The management also claimed that the respondent-teacher was appointed against a reserved vacancy but the roster of reservation was not placed before the School Tribunal and, therefore, the said plea was not taken into consideration by the School Tribunal. Consequently, the School Tribunal held that the respondent - teacher was removed illegally and was entitled for reinstatement with full backwages. :3: 4. Section 2(24-A) of the M.E.P.S. Act defines the term "Shikshan Sevak" and it means a member of base teaching cadre appointed on honorarium and subject to such terms and conditions as specified in the Government Resolution published in the Maharashtra Government Gazette, Extraordinary, No.12, Part-I Central Sub-Section, dated 15th February, 2007, for eventual appointment as a teacher. Section 5(2-A) states that subject to the provisions of subsections (3) and (4) of Section 5, Shikshan Sevak shall on completion of the probation period of three years, be deemed to have been appointed and confirmed as a teacher. 5. Having regards to the above stated amendment incorporated in the scheme of M.E.P.S. Act, 1977, the view taken by the School Tribunal cannot be termed as perverse or manifestly erroneous so as to call for interference under Article 227 of the Constitution. 6. Hence the petition is rejected. 7. At this stage Mr.Page the learned counsel for :4: the petitioners stated that considering the present sanctioned strength of petitioner no.2-school, the respondent no.1 is surplus. This is an issue which the respondent no.2 will have to examine and take appropriate steps as per the M.E.P.S. Rules, provided the respondent no.1, if found surplus, cannot be absorbed in any other school run by the petitioner no.1. (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)