- (1.)A public charitable trust called "Anathaevashrama Trust of Malladihalli, Holalkere Taluk, Chitradurga Dist. (hereinafter referred to as the Trust), among others, is running a residential college of physical education at Malladihalli (hereinafter referred to as the institution).
(2.)On 5-7 1969, the Trust appointed respondent No. 1 as a clerk in the said institution (Ext. A). While the petitioner was working as a clerk, the Trust by its memo No. 1474/70-71 dated 11-2-1971 (Ext. B) appointed him as a Physical Education Teacher (hereinafter referred to as the Teacher) in that very institution, from which date he was working in that capacity.
(3.)In Memo No. 618 dated 20-8-1974 (Ext. C) the Trust terminated the services of respondent No. 1 and "another person by name Marthandappa, with whom we are not concerned in this petition. Against the said order of the Trust, respondent No. 1 filed an appeal on 18-11 1974 before the District Judge and Educational Appellate Tribunal, Chitradurga (hereinafter referred to as the Tribunal) under S. 6 of the Karnataka Private Educational Institutions (Discipline and Control) Act, 1973 (Kar. Act No. 21 of 1973) (hereinafter referred to as the 1973 Act) which was opposed by the petitioner on diverse grounds. On an examination of the contentions urged before it, the Tribunal by its order dated 5-3-1976 (Ext. D) has allowed the said appeal filed by respondent No. 1 and has made an order in these terms :
"The appeal is allowed and the order under appeal is set aside, and the appellant be taken on duty forthwith with retrospective effect. However, the respondent will have the liberty of either to take him as an Instructor, the post which he was working at the time of his termination or to give him his original post of II Division Clerk".
In this petition under Art. 227 of the Constitution, the Trust which is the petitioner has challenged the said order of the Tribunal.