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1999 Supreme(Bom) 903

D.D.SINHA
Ganpati son of Kondbaji Sant – Appellant
Versus
Sant Gulab Baba Shikshan Sanstha and others – Respondent


JUDGMENT - D.D. SINHA, J.:---Heard Shri Deshpande, learned Counsel for the petitioner, Shri Lambat, learned Counsel for the respondent No. 1, and Shri Dhote, learned Assistant Government Pleader for the respondent Nos. 2 and 3.

2.The writ petition is directed against the judgment and order dated 20-2-1989 passed by the Presiding Officer, School Tribunal, Nagpur in Appeal No. STN/35 of 1988 presented by the present petitioner against the order of termination, which was dismissed. Shri Deshpande, learned Counsel for the petitioner, submitted that the petitioner was serving in the School run by the respondent No. 1 as Assistant Teacher. The petitioner being the senior-most qualified and eligible Teacher, was promoted to the post of Head Master on 1-7-1982. It is submitted that from 1970 till 1986, co-education was imparted in the school run by the respondent No. 1 Management, i.e. Ashok Vidyalaya, Umrer. The respondent No. 1 Management took a decision to bifurcate the school into two, i.e. boys' school and girls' school. The bifurcation of the school came to be effected from the academic session 1986-87. It is further contended that the respondent No. 1 Management mala fidely transferr













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