1. Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.

2. This petition takes exception to the judgment and order dated 6.2.2012 passed by the School Tribunal, Amravati, in Appeal No.75 of 2001 filed by the respondent No.2 challenging his termination from service with effect from 31.3.2001. The School Tribunal has allowed the appeal, set aside the otherwise termination by accepting resignation of the respondent No.2 on 10.12.2000, and directed reinstatement with continuity in service and 25% of back wages.

3. The undisputed factual position is that the respondent No.2 was initially appointed as an Assistant Teacher for the period from 1.7.1997 to 30.4.1998. Thereafter, by issuing separate orders of appointment, the respondent No.2 was appointed for the period from 21.6.1998 to 30.4.1999, from 1.7.1999 to 30.4.2000, and from 1.7.2000 to 30.4.2001. While making the appointment of the respondent No.2 on all these occasions, the advertisement was issued in the newspaper inviting applications, and after holding the interview, the respondent No.2 was selected for the post. The case of the Management was that on 21.11.2000, th