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2017 Supreme(Bom) 1376

S.C.GUPTE
Panchsheel Shikshan Prasarak Samiti – Appellant
Versus
Presiding Officer, School Tribunal, Amravati – Respondent


Advocates Appeared:
For the Petitioner: S.D. Abhankar.
For the Respondents: S.J. Kadu, P.B. Patil and Lalit Limey.

JUDGMENT :

S.C. GUPTE, J.

1. This petition challenges an appellate order passed by the Presiding Officer of School Tribunal, Amravati.

2. The short facts of the case may be stated as follows:

The petitioner is a Public Charitable Trust registered under the Bombay Public Trust Act, 1950, impleaded through its President. The trust run a School known as Panchasheel High School at Nandepara, Tahsil Wani, District – Yavatmal. Respondent No. 2 was appointed as “Shikshan Sevak” in the school run by the trust. The appointment was made by a communication dated 29th April, 2010 and was said to be in pursuance of Government Circular dated 13th October, 2000. The appellant holds qualifications of B.A., B.P. Ed., M.A. and B.Ed. She joined the services of the petitioner-school on the date of her appointment and taught the subjects of Marathi, Hindi, History and Geography alongwith physical education to 8th, 9th and 10th standards of the school. Respondent No. 2 was terminated vide order dated 28th December, 2011 passed by the petitioner trust. This order was challenged by respondent No. 2 by filling an appeal (Appeal No. 01/2012) before the School Tribunal, Amravati. The School Tribunal allowed the










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