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1997 Supreme(Bom) 407

V.S.SIRPURKAR, B.H.MARLAPALLE
Vidya Vikas Samiti, Paratwada and another – Appellant
Versus
Presiding Officer, School Tribunal, Amravati Division, Amravati and others – Respondent


JUDGMENT - V.S. SIRPURKAR, J.:---This judgment shall govern the Writ Petitions Nos. 3524/95, 3547/95, 1198/96, 1946/96, 1947/96 and 225/96. Rule returnable forthwith. Heard finally with the consent of the parties.

2. Firstly a short history :

The petitioner in the Writ Petitions Nos. 3524/95, 3547/95, 1198/96, 1946/96 and 1947/96 is the managing body called 'Vidya Vikas Samiti', Paratwada (hereinafter referred to as "The Management"). This society was running a Junior College to which a school was also attached. It so happened that one Kunte who was an erstwhile Lecturer in 'History' and was working as a Junior College Lecturer died somewhere in the year 1993. Before that the respondent No. 2 Shri Bonde was already working as an Assistant Teacher in the Middle School which is attached to that Junior College. Shri Bonde is M.A. IIIrd Class in Economics and also B.Ed. As such he could not have taught the subject of Economics in Junior College. He thereafter acquired the qualification of M.A. IInd Class Marathi. For the reasons best known to the petitioner, the petitioner shifted Shri Bonde from Middle School and appointed him as the Lecturer in Junior College and strangely enough, fo















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