ORAL JUDGMENT:

1. This writ petition is preferred by the Society running the school against the order passed by the School Tribunal directing the reinstatement of respondent no.2.

2. The facts giving rise to the writ petition are as follows -

Petitioner no.1 is an institute, which runs a school. Respondent no.2 applied to the said school for being appointed as an Assistant Teacher. Respondent no.2 is M.Sc. in Mathematics and B.Ed. and belongs to Scheduled Castes. Respondent no.2 had applied to the petitioner in response to the advertisement issued by petitioner no.1. It found respondent no.2 to be eligible for the said post and he came to be appointed as an Assistant Teacher. He worked as an Assistant Teacher from 21/8/1993 to the end of Session, 1994. The Education Officer had also accorded an approval to the appointment of respondent no.2. The petitioner in 1994-95 advertised the post of Junior Lecturer. Respondent no.2 applied for the said post being qualified for the said post. He was appointed by order dated 1/9/1994. He was appointed on a probation of two years. It was a clear vacant post. Respondent no.2 was during service tenure, also deputed for the H.S.C. Exami