The petitioner-Educational Institution running a school has preferred this writ petition being aggrieved by the order passed by the learned Presiding Officer, School Tribunal, Aurangabad in Appeal No. 167 of 1994-M decided on 14-2-1997, whereby the oral termination with effect from 318-1994 was quashed and set aside and order was passed to reinstate the (appellant)-respondent No. 1 in the post of Head Master along with full backwages and continuity of service within 40 days and to pay the arrears of backwages.

2. Present respondent No. 1 Uttam Shrikhande approached the School Tribunal with a case that he is M.A., BEd. He is also belonging to physicallyhandicapped category. He was appointed as Assistant Teacher in Dayanand Vidyalaya, Kaigaon, Taluka Sillod, District Aurangabad run by the petitioner-institution with effect from 1-7-1989. In the year 1992 he was appointed as Head Master of the school. Initially the school was run on non-grant basis, however, subsequently it was granted aid. The appellant was appointed as Head Master as he was possessing requisite qualification and teaching experience. He worked in that post till 31-8-1994. However, the Secretary of the