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2021 Supreme(Bom) 1394

A.S.CHANDURKAR, G.A.SANAP
Kalpana Dadaji Rahate – Appellant
Versus
Magaswargiya Shikshan Sanstha And Other – Respondent


Advocates appeared:
P. N. Shende, Advocate, Rohan Deo, Advocate, A. A. Naik, Advocate, A. S. Fulzele, Advocate

JUDGMENT

G.A. Sanap, J. - In this Letters Patent Appeal, challenge is to the Judgment and order dated 26/03/2012 passed in Writ Petition No.5279/2009, whereby the learned Single Judge allowed the writ petition and set aside the Judgment and order dated 29/09/2009 passed by the learned Presiding Officer of the School Tribunal granting benefit of reinstatement and other consequential benefits to the appellant.

The facts leading to the filing of this Letters Patent Appeal are as follows :-

2. The respondent No.3 - School is managed by respondent Nos.1 and 2. It is the case of the appellant that she possessed B. A. B.Ed. qualification and belongs to OBC category. The selection process for filling up three vacancies of the Assistant Teachers in the respondent No.3 - School was conducted by the School Committee. The appellant was selected and appointed as an Assistant Teacher in a clear and permanent vacancy for period of two years vide appointment order dated 11/07/1998. The appellant performed her duties satisfactorily. The proposal for approval forwarded by the management was returned by the Education Officer. It is alleged that the Headmistress of respondent No.3 - School all of a sudde

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