( 1 ) THE petitioner above named is a teacher working as " Shikshan Sevak" in the respondent No. 1 school which is run by the respondent No. 2 s. G. J. Educational Trust. By the above Writ petition, the petitioner inter alia seeks direction against the respondent No. 1 School to treat his appointment as on probation as an assistant teacher from 22nd November, 1999, and to pay him all the benefits and perquisites of service including back wages and continuity, with effect from the said date. The petitioner also seeks direction that the respondent No. 3 Education officer be directed to approve the appointment of the petitioner in respondent No. 1 School as on probation with effect from 22nd November, 1999, and the last direction sought is to cancel the appointment of the petitioner as " Shikshan Sevak"

( 2 ) SUCH of the facts which are necessary to be cited are stated thus : the petitioner was appointed as an assistant Teacher in the pay scale of 4500-7000 on 22nd November, 1999, in the respondent No. 1 School temporarily upto 30th April, 2000 or till the last working day of the second term of the Academic year 1999-2000 which ever was earlier. The post on which the petitioner was appointed was meant for the Category of the Nomadic Tribe (B ). The petitioner, admittedly, belongs to the Category of nomadic Tribe (C ). The petitioner's appointment was approved for the said period by the Education inspector vide his letter dated 5th November, 2000. In the said approval letter, it is inter alia recorded that the petitioner was appointed as an assistant Teacher in a clear vacancy on account of the retirement of one Shimpi. It appears that the respondent Nos. 1 and 2 issued an Advertisement for appointment of an assistant Teacher on the said post in which the petitioner was working though, the petitioner's services were not terminated, this was in keeping with the appointment letter issued to the petitioner which specified the tenure of the petitioner. The petitioner was not allowed to resume his duties in the respondent No. 1 School from the Academic Year 2000-2001. The petitioner was appointed as a " Shikshan Sevak" on 24july, 2000, in terms of the Scheme of the State government. The petitioner executed the necessary documents in the form of Bond etc. as contemplated under the said Scheme. The said appointment of the petitioner as " Shikshan Sevak" was approved by the respondent No. 3 i. e. the Education Inspector on 1st november, 2000. The petitioner made representations to the Authorities of the Education department from November, 2000 to March, 2001, requesting the Authorities to correct the injustice caused to him, by granting him a continuation letter as an Assistant Teacher from 22nd November, 1999. Receiving no response to the said representations, the petitioner has filed the instant Writ Petition. In terms of the Scheme of the State Government, the petitioner completed three years service as " Shikshan Sevak" in the year 2003 and therefore, on the said completion he was appointed as an Assistant Teacher. However, the grievance of the petitioner is that he ought to have been continued as an Assistant Teacher as he was appointed in a clear vacancy on 22nd November, 1999.

( 3 ) ON behalf of the respondent Nos. 1 and 2 and the Education Officer, Affidavits have been filed dealing with the claims and the contentions of the petitioner. The Writ Petition is sought to be opposed by the respondents on the ground that the petitioner was appointed against a post meant for nomadic Tribe (B) whereas the petitioner belongs to nomadic Tribe (C) Category. It is further the case of the respondents that the petitioner having accepted the appointment as " Shikshan Sevak" and having executed a Bond, now cannot turn back and claim the reliefs that he has sought in the instant writ Petition.

( 4 ) WE have heard the learned counsel for the parties. Mr. N. R. Bubna, the learned counsel on behalf of the petitioner submitted that tho