1. Rule. Heard Shri A.S. Jaiswal, the learned Senior Counsel, assisted by Shri G.R. Agrawal, Advocate, for the petitioners; Shri A.M. Deshpande, the learned AGP for the respondent No.2; and Shri P.S. Patil, the learned counsel for the respondent No.3.

2. This petition takes exception to the judgment and order dated 25-2-2013 passed by the School Tribunal, Amravati, allowing Appeal No.83 of 1997 filed by the respondent No.3-Mohd. Zaki Javed s/o Mohd. Ayyub challenging his termination from service with effect from 30-4-1997. The School Tribunal has set aside the order of termination dated 30-4-1997 and directed reinstatement of the respondent No.3 on the post of an Assistant Teacher with continuity in service. However, the prayer for back wages has been rejected. This petition is filed by the Management and the petitioner No.3, who was appointed as an Assistant Teacher in place of the respondent No.3.

3. The facts of the case are as under:

The petitioner-Management issued an advertisement in the local newspaper on 26-6-1996 inviting applications for the post of an Assistant Teacher. The respondent No.3 applied for the said post and after interview, he was selected by the compete