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2009 Supreme(Bom) 1495

VASANTI A.NAIK
Ku. Shalini Gajananrao Dalal, Now Sou. Shalini Onkar Sorte – Appellant
Versus
New English High School Association through its Secretary – Respondent


Advocates Appeared:
For the Applicants:S.P. Bhandarkar, Advocate.
For the Respondents:R1 & R2, S.R. Deshpande, Advocate, R3 to R7, S.B. Ahirkar, AGP.

Judgment:

Rule. Rule made returnable forthwith. Both the petitions are heard finally with the consent of the parties. Since the issues involved in both these petitions, are almost identical, they are being heard together and are decided by this common judgment.

2] The petitioner in Writ Petition no.4242/2004, is the employee and the petitioner in Writ Petition No. 4532/2004 is the management who had terminated the services of the petitioner in Writ Petition No.4242/2004. The petitioner in Writ Petition No.4242/2004 was appointed as Assistant Thacher by the management on 6.11.1981 in a post earmarked for the Scheduled Tribe Category. The Assistant Teacher claimed to be belonging to Halba Caste. The Caste Certificate Scrutiny Committee, Nagpur however, invalidated the caste claim of the petitioner by an order dated 19.8.2003. The Assistant Teacher who was at the relevant time working as Headmistress filed Writ Petition before this court against the order dated 20.8.2003,, but the writ petition was dismissed and the Assistant Teacher was permitted to make a representation to the management. The Assistant Teacher made a representation to the Management but the same was rejected and he








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