The need to follow due process as per the MEPS act and rules for termination and appointment.

JUDGMENT

Prithviraj K. Chavan, J. - Rule.

2. Rule, returnable forthwith. Taken up for final disposal at the stage of admission with the consent of the learned counsel for the parties.

3. The petitioner questions the legality, propriety and correctness of the impugned judgment and order dated 14.08.2018 rendered by the Presiding Officer by which petitioner's appeal came to be dismissed, which was preferred under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation act, 1977 [for short 'MEPS act'].

4. Facts essential for disposal of this petition can be summarized as follows :

5. Respondent nos. 1 and 2 are the President and Secretary of an educational institution namely, Shahu Maharaj Shikshan Sanstha, Tal. Tuljapur, Dist. Osmanabad. Respondent no. 3 is the Headmaster of the said educational institution while respondent no. 4 is the Education Officer (Primary), Zilla Parishad, Osmanabad. The said institution is registered under the provision of the Bombay Public Trusts act, 1950 as well as Societies Registration act, 1960.

6. One Mr. S. R. Karande was working as an assistant Teacher with the said educational institution. However, due to his continuous and unauthorized absence from the duties, after conducting a disciplinary proceedings, he was removed from the post of assistant Teacher. admittedly, he belongs to Nomadic Tribe Category [hereinafter referred to as 'N.T. category']

7. Since students of the school were at a loss in their education due to the absence of a teacher and, therefore, respondent nos. 1 to 3 decided to fill up the said post from the same category.

8. Respondent nos. 1 to 3 addressed a communication to respondent no. 4 to accord permission to appoint a person from the N.T. category or, in the alternative, requested to forward name of any surplus teacher, if available on it's waiting list for filling up the post from the same category. It was inter alia informed to the respondent no.4 that due to absence of Mr. S. R. Karande from 20.04.2013, students have been put to hardship due to loss in the education. It is informed to respondent no. 4 that, therefore, the management has decided to appoint another person from the same category.

9. Respondent no. 4 had duly received the said communication on 20.05.2014. Respondent no. 3, simultaneously on 20.05.2014 itself, published an advertisement in a newspaper inviting applications from eligible candidates from N.T. category, inter alia directing the prospective applicants to remain present before the Selection Committee on 18.05.2014 with all original documents.

10. It is the contention of the petitioner that since he was appointed on a clear, vacant and permanent post reserved for N.T. category on a probationary period of three years as 'Shikshan Sevak', as per the provisions of sub-section 6 of Section 4 of the MEPS act his services should not have been terminated except in accordance with the provisions of the act and rules made in that behalf'.

11. The petitioner is, therefore, aggrieved with the high handed action of respondent no. 3 to issue an order of termination dated 28.12.2015 without following the due procedure of law as provided in Rule 28 of the Maharashtra Employees of Private Schools (Condition of Service) Rules, 1981 [for short 'MEPS Rules']. He contends that sans prior notice or any opportunity of being heard, he was, all of a sudden, terminated by communication dated 28.12.2015.

12. Being aggrieved, petitioner approached the Tribunal by preferring an appeal under Section 9 of the MEPS act by raising several grounds, however, the learned Tribunal by the impugned judgment dismissed the appeal.

13. The learned counsel for the petitioner has invited my attention to a fact that the learned Presiding Officer of the Tribunal, instead of deciding the legality of the termination order dated 28.12.2015, misdirected herself in returning findings which are not the issues before the Tribunal under Section 9 of the MEPS act. The learn