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 to fill up that

post by appointment of a candidate belonging to the Scheduled Tribe. The Tribunal rejected this contention on construction of Rule 9 (9)(a) of The Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, which reads as follows:

"9. Appointment of staff ......

.(1) ....

.(2) ....

.(3) ....

.(4) ....

.(5) ....

.(6) ....

.(7) ....

.(8) ....

.(9) (a) In case it is not possible to fill in the teaching post for which a vacancy is reserved for a person belonging to a particular category of Backward Classes, the post may be filled in by selecting a candidate from the other remaining categories in the order specified in sub-rule (7) and if no person from any of the categories is available, the post may be filled in temporarily on an year to year basis by a candidate not belonging to the Backward Classes."

5. The Tribunal found that a candidate can be appointed temporarily under that Rule only if no candidate from any backward class category is available. A candidate from any of the backward class category can only be appointed on a regular basis if the post is meant for appointment for a candidate from the backward class. Accordingly, the Tribunal found that the respondent who belonged to the Scheduled Caste category was entitled to be employed on a regular basis and therefore could not have been appointed on the post reserved for a S.T. candidate on a temporary basis. Thus treating the appointment as having been made on regular basis by virtue of Rule 9 (9) (a), the Tribunal set aside the termination and directed reinstatement.

6. It may be noted in the present case after terminating the services of the respondent, who was a Scheduled Caste candidate, the petitioners have again appointed another candidate from the S.C.

category to the post in question which was meant for a S.T. candidate. The reason for termination of the respondent’s services were obviously not meant to be acted upon.

7. Thelearned counsel for the petitioners submitted that the appointment of the respondent was clearly on a temporary basis and made for a one year. According to the learned counsel, the vacancy is reserved for a person belonging to a particular category of backward class. Rule permits the management to fill it up by selecting a candidate from the other remaining categories of backward class in the order specified in sub rule 7, which reads as follows:-

"The Management shall reserve 34 per cent of the total number of posts of the teaching as well as non-teaching staff for the members of the Scheduled Castes, Scheduled Castes converts to Buddhism, Scheduled Tribes, Denotified tribes, Nomadic Tribes and other Backward Classes as follows, namely :-

.(a) Scheduled Castes and Schedule Castes converts to Buddism. 13%

.(b) Scheduled Tribes includ