Judgment

H.K. Sema, J.—This appeal filed by the appellant Kalpataru Vidya Samsthe, Tiptur, Tumkur District, in short ‘KVS’, is directed against the judgment and order dated 19.8.2002 passed by the High Court of Karnataka at Bangalore in C.R.P.No. 2959 of 2000, in exercise of its power under Section 115 C.P.C. The High Court has set-aside the order dated 27.5.2000 passed in MA (Eat) No.2 of 1996 by the Additional District Judge, Education Appellate Tribunal, dismissing the appeal of the respondent herein under Section 94 of the Karnataka Education Act.

2. The basic facts may be noted. The respondent No.1 was appointed as Assistant Professor in Mechanical Engineering Department of Kalpataru Institute of Technology by an order dated 6.9.1994 in the scale of Rs. 3700-125-4950-150-5700 at Rs. 3700/- basic pay and other allowances as are admissible under the rules and regulations on temporary basis for a probation period of one year commencing from 7.9.1994 till 7.9.1995. The said appointment carries a stipulation in Clause 11 that the appointment would be on probation for one year and thereafter the same would be reviewed. On the strength of the appointment, the respondent No.1 reported t