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1990 Supreme(Bom) 404

B.U.WAHANE, M.S.RATNAPARKHI
Jagruti Education Society, Bhandara – Appellant
Versus
Presiding Officer, School Tribunal, Nagpur Division & others – Respondent


JUDGMENT - RATNAPARKHI M.S., J.:---The extraordinary jurisdiction of this Court is sought to be invoked for quashing the order passed by the School Tribunal, Nagpur on 15th December, 1983. A declaration is sought that the appeal filed by the respondent No. 3 before the School Tribunal was not maintainable and the School Tribunal had no jurisdiction to entertain and decide the said appeal. Alternatively, it is claimed that the order passed by the School Tribunal be quashed and the matter be remanded for decision according to law.

2. The facts giving rise to this litigation may be briefly stated as follows : The petitioner runs a Primary School at Bhandara. The respondent No. 3 was appointed initially, on a temporary basis, by order dated 23-8-1978. This appointment lapsed on 30th June, 1979. She was again temporarily from 2-7-1979 to 30-4-1981. She had no right to the post. As the last appointment expired on 30th April, 1981, she did not join thereafter and no fresh appointment order was issued. She, however, filed an appeal before the Education Officer of the Zilla Parishad, Bhandara on 4-7-1981. The Education Officer conducted an enquiry and passed an order on 14th September, 1981












































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