1. This petition takes exception to the judgment and order dated 30.07.2003, passed by the School Tribunal, dismissing the Appeal STN No. 48/2002, filed by the petitioner under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Act. 1977 (hereinafter referred to as “the MEPS Act”), challenging his termination of service by an order dated 09.07.2000.

2. The School Tribunal has held that the appointment of the petitioner through out was temporary on year to year basis and it came to an end on 30.04.2002 and thereafter no order of appointment was issued to the petitioner. The School Tribunal has held that the petitioner cannot get the benefit of deemed confirmation in service by treating him to have been appointed on probation for a period of two years in terms of sub-section (2) of Section 5 of MEPS Act. It has further been held that the petitioner was not qualified as he did not possess the qualification of B.Ed., at the time of his initial appointment.

3. Shri Jibhkate, the learned counsel appearing for the petitioner-employee relying upon the decision of this Court in W.P. No. 1727/2007 (Shri Sant Gajanan Maharaj Bahuuddesihya Shiksha