- (1.) Heard the learned counsel for the parties. Special leave is granted.
(2.) The appellant was appointed as a teacher in Biology initially for a period of one year. The appointment was extended from year to year several times. The last order passed in her favour in 1987 mentioned the appointment 'until further orders'. On 1-4-1988 the services of the appellant were terminated which she challenged by filing an appeal before the School Tribunal under S. 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act of 1977 (hereinafter referred to as the 'Act'). In pursuance of a stay order passed by the Tribunal the appellant continued in service during the pendency of the appeal, which was dismissed on 8-11-1990. The appellant, thereafter approached the High Court with a writ petition which was dismissed by the impugned judgment.
(3.) According to the case of the respondents the vacancy in which the appellant was appointed from year to year was earmarked for a candidate belonging to a Nomadic Tribe. In absence of a candidate belonging to the Nomadic Tribe the appellant was appointed in accordance with the provisions of S. 5(5) of the Act. As soon as the respondent No. 4, who belongs to a Nomadic Tribe, was available, the appointment of the appellant had to be terminated.;