S.B. Deshmukh, J.

1. 1. Heard. Rule. Rule made returnable forthwith by consent of parties.

2. 2. This writ petition is directed against the judgment dated 26th August 2003 passed by respondent No. 3 in Appeal No. STN/195/1996.

.3. The admitted facts are that the respondent No. 1 was appointed as Assistant Teacher vide order dated 12th August 1993 for academic session 1993-94 on temporary basis. At the time of appointment, the respondent No. 1 was graduate only and had not obtained professional qualification and thus was not qualified for appointment to the post of Assistant Teacher. Thereafter, it seems that the petitioner has acquired necessary qualification of B.Ed. By appointment order dated 15-7-1994 the respondent No. 1 was appointed as Assistant Teacher for the sessions 1994-95 and 1995-96 on probation. A perusal of the said appointment order which is placed on

.record shows that the respondent No. 1 was B.Sc. B.Ed, and the appointment on probation for the aforesaid period is subject to approval of the Education Officer (Sec), Zilla Parishad, Wardha. Respondent No. 1 has signed the appointment order acknowledging receipt and acceptance of the said order which, accordi