Oral Judgment:

Heard the learned counsel for the parties.

2. The petitioner society has challenged the Judgment of the School Tribunal allowing the respondent’s appeal thereby setting aside the termination of his services and directing his reinstatement with full backwages. The respondent belongs to the Scheduled Caste. A post of Assistant Teacher in drawing was reserved for a Scheduled Tribe category. In this post the respondent was appointed on a temporary basis for one year as an Assistant Teacher by an order dated 24.1995. There is no dispute about the above fact.

3. On 30.3.1996 the services of the respondent were terminated on the ground that the respondent was appointed in a post reserved for Scheduled Tribe candidate and it was necessary to make an appointment of such a candidate to that post.

4. Aggrieved, the respondent preferred an appeal before the School Tribunal. Before the School Tribunal, the petitioners contended that the respondent was appointed on a purely temporary basis as a drawing teacher; that he was so appointed in a post meant for Scheduled Tribe category and therefore his services were properly terminated at the end of academic session in order