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2002 Supreme(Bom) 767

S.A.BOBDE
Maharashtra Shikshan Sanstha (Indira Gandhi Madhyamik – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - S.A. BOBDE, J.:---Rule returnable forthwith. Heard by consent.

2. This petition is directed against an order of the School Tribunal dated 28-11-2000. The 1st petitioner-Maharashtra Shikshan Sanstha had started a school, which was granted a provisional recognition by the order dated 14-6-1985 for a period of one year vide order of the same date of the Education Officer, Zilla Parishad, Nagpur. The school was again granted a recognition for a period of one more year, i.e. from 1986 to 1987 vide order dated 23-6-1986. This recognition was further extended by one year from 1-4-1987 to 31-3-1988 vide order dated 8-7-1987 of the Education Officer, Zilla Parishad, Nagpur.

3. It is true that during this period the petitioner appointed respondent No. 3 as a teacher. The order of appointment dated 1-7-1985 appoints the 3rd respondent as a teacher for a period of one year from 1-7-1985 to 30-4-1986. As a matter of fact, the 3rd respondent appears to have continued for another period of two years by the management. However, there is no appointment order appointing the 3rd respondent for a period of two years. Apparently, the continuation was in an ad hoc manner from year to year, ha

















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