JUDGMENT - SINHA D.D., J.:---Rule returnable forthwith. Heard finally by consent of Shri Mardikar, learned Counsel for the petitioner, Shri Haq, learned Counsel for the respondent Nos. 2-A and 3 and Shri Agrawal, learned Assistant Government Pleader for the respondent Nos. 4 and 5. Though respondent No. 2 is not noticed, however, since petitioner is not claiming any relief against him, petition is heard finally by consent of contesting respondents.

2. The petition is directed against the order dated 23-3-2001 passed by the Presiding Officer, School Tribunal whereby appeal preferred by the petitioner under section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 for setting aside order of termination came to be dismissed.

3. Shri Mardikar, learned Counsel for the petitioner, states that petitioner was appointed by the respondent Management vide orders dated 20-6-1991, 16-12-1991 and 24-6-1993. The appointment was against the permanent post. The petitioner has worked for more than two years. The petitioner, therefore, is a confirmed employee and his appointment is as per section 5(2) of the Act. The learned Counsel further states that Head

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