- (1.) Appellant No.1 - Jeles Education Society (hereinafter referred to as 'the appellant-society') runs and operates the Mahatma Gandhi Vidyamandir School. The school is upto Class-X. One Raut was engaged by the school, as a trained Graduate Teacher, to teach the subjects of English and Sanskrit. For reasons which are not relevant for the present controversy, Raut tendered his resignation, in the middle of the academic session 1989-90. The same was accepted on 26.07.1989.
(2.) The appellant-society issued an advertisement on 04.12.1987, seeking to fill up the vacancy created as a result of the resignation of Raut. An English translation of the aforesaid advertisement, is being reproduced hereunder: "WANTED Wanted trained Graduate Teacher to teach English and Sanskrit. Priority for Backward Class. Contact immediately with certificates. Mahatma Gandhi Vidyamandir, Bandra (E), Mumbai-51."
(3.) It is apparent that the appellant-society was looking out for a Trained Graduate Teacher to teach English and Sanskrit. It also emerges from the advertisement, that the choice for appointment was to be made from out of backward class candidates, if possible. The respondent-R.T.Bhitale, who belonged to the category of 'Other Backward Class' which is also amongst the backward classes, recognized for the present process of appointment, applied for the post of Trained Graduate Teacher, in furtherance of the advertisement extracted above. He was selected, and was issued the following appointment order on 07.12.1987 : "With reference to your application dated 4.4.1987, I have the pleasure to inform you that you are hereby appointed as an Asstt. Teacher on Rs.365/- per month in the scale of Rs.365-15-500-20-660-EB-20-760 with effect from 7.12.1987 or the date you report for duty. You will be entitled to allowance such as compensatory local allowances, House Rent Allowance and dearness allowance as specifically sanctioned by Government from time to time. 2. Your appointment is purely temporary for a period of (not legible) months from 7.12.1987 to 30.4.1988 (not legible). After expiry of the above period your services shall stand terminated without any notice or (not legible). 3. The terms of your employment and conditions of service shall be as laid down in the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the rules made thereunder. 4. You shall have to undergo a medical examination by Dr.(not legible) within three months from the date of joining the post. Your appointment shall be conditional pending the receipt of physical fitness certificate from the doctor whose name is mentioned above.";