RAVINDRA NARAYAN MALAP Vs. THE PRESIDENT, GUHAGAR EDUCATION SOCIETY
HIGH COURT OF BOMBAY
Ravindra Narayan Malap
The President, Guhagar Education Society
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R. D. Dhanuka, J. -
(1.) By this petition filed under Article 226 of the Constitution of India, the petitioner has impugned the order and judgment dated 30th September, 2005 passed by the School Tribunal, Kolhapur Region, Kolhapur dismissing the appeal filed by the petitioner. Some of the relevant facts for the purpose of deciding this petition are as under :-
(2.) It is the case of the petitioner that he belongs to Kunabi community which is included in Other Backward Class category by the State of Maharashtra. The respondent no.1 society is running a Secondary and Higher Secondary School at Ratnagiri district. It is the case of the petitioner that the respondent no.1 decided to promote one Mr.D.M.More, a peon working with them on the post of Lab Assistant from the academic year 2000-2001 and therefore causing a clear vacancy. The respondent no.1 vide their letter dated 12th May, 2000 addressed to the District Employment and Self-Employment Guidance Centre, Ratnagiri called for the list of eligible candidates for the post of peon and other posts. In the said list, the name of the petitioner was included for the post of peon. The respondent no.1 thereafter issued an advertisement on 23rd May, 2000 inviting the applications from eligible candidates for the post of peon from the open category. After interviewing the petitioner and other candidates, the petitioner was selected for the post of peon.
(3.) On 27th July, 2000, the respondent no.2 appointed the petitioner as peon on clear, vacant and permanent post w.e.f. 28th July, 2000 on two years probation. It was mentioned in the letter of appointment that the said appointment was subject to the approval of the Education Department.;
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