MAHARASHTRA SEVA SANGH MASHALL VASTI Vs. SHAIKH JAMALCHAND

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India is directed against the judgment and order dated 8-9-1999 in Appeal No. 70 of 1997 rendered by the Presiding Officer, Additional School Tribunal, Pune Region, Solapur. The appeal, filed by respondent No. 1 under section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation, Act (for short "MEPS Act"), challenging his termination has been allowed by the Tribunal. The operative portion of the impugned judgment reads thus:

(2.) The facts that are relevant and necessary to decide the questions raised in this petition are that respondent No. 1, who, at the relevant time, was only MA (Sociology) and MA (Political Science), was initially appointed on 5-7-1990 by the petitioner-institution in their Junior College on clock hour basis. Admittedly he was not holding B.Ed qualification, which is prescribed under Rule 6 read with Schedule B-III of MEPS Rules. On 30th March, 1991, respondent No. 2 -Education Officer had approved the appointment of respondent No. 1 only for one year by relaxing the condition of qualification. On 11-6-1991, respondent No. 1 was appointed as full time teacher for sociology with effect from 19-6-1991. On 11-6-1992, he was once again appointed for a period of two years (i.e.

(3.) The School Tribunal after having considered rival contentions of the parties and the material on record, in paragraph 21 of the impugned judgment held thus: