The termination of the teacher was unlawful as it violated principles of natural justice, and the appointment was validly made under due process against a clear vacancy reserved for Scheduled Tribe.

JUDGMENT :

MILIND N. JADHAV, J.

1. Heard Mr. Sale, learned Advocate for Petitioner, Ms. Hingmire, learned Advocate for Respondent Nos.1 and 2, Mr. Gutte, learned Advocate for Respondent No.3 and Mr. Pandire, learned Advocate for Respondent No.4.

2. The present Writ Petition challenges order dated 28.02.2017 passed by the Presiding Officer, School Tribunal Nashik in Appeal No.43 of 2014 filed under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (for short ‘the said Act’) whereby Petitioner’s Appeal was dismissed. Impugned order is appended below Exhibit ‘F’ at page No.98 of the Petition.

3. Briefly stated, Respondent No.1 is an educational institution managing Respondent No.2 – primary school. Respondent No.3 is the Controlling and Supervisory Authority for grant of approval to appointments. Respondent No.4 is a teacher whose appointment had been subject of earlier litigation.

3.1. It is Petitioner’s case that on 15.06.2012, an advertisement was issued by Respondent No.1 inviting applications for the post of Assistant Teacher (Shikshan Sevak) reserved for Scheduled Tribe category. Petitioner applied in response thereto and was selected. Respondent Nos.1 and 2 issued appointment order dated 30.06.2012 for a period of 3 years commencing from 01.07.2012 to 30.06.2015. On 30.12.2012, Respondent No.3 – School Board issued letter for grant of approval to the appointment of Petitioner. It is Petitioner’s case that as he belonged to Mahadev Koli caste and was appointed against clear vacancy reserved for Scheduled Tribe category.

3.2. On 03.06.2014, Respondent No.3 cancelled the approval dated 13.12.2012 granted to Petitioner. Consequent thereto, Respondent Nos.1 and 2 vide letter dated 16.07.2014 terminated services of Petitioner as Assistant Teacher. Pursuant to said cancellation, Respondent No.3 directed appointment of Respondent No.4 as Assistant Teacher with retrospective effect from 15.01.2005.

3.3. Being aggrieved by termination, Petitioner filed Appeal No.43 of 2014 before School Tribunal, Nashik. Appeal was dismissed by order dated 28.02.2017 passed by the Presiding Officer, School Tribunal Nashik.

3.4. Hence the present Writ Petition.

4. Mr. Sale, learned Advocate for Petitioner would submit that School Tribunal erred in passing the impugned order. He would submit that School Tribunal failed to consider that Petitioner was appointed on clear permanent vacant post reserved for Scheduled Tribe category after following due selection procedure of appointment. He would submit that Petitioner held caste validity certificate and was therefore eligible for appointment pursuant to advertisement dated 15.06.2012.

4.1. He would submit that there were seven sanctioned posts of Assistant Teachers in the school which received 100% grant from Government and as there was backlog of filling up of Scheduled Tribe posts, Respondent No.3 vide letter dated 03.04.2012 directed Respondent Nos.1 and 2 to fill up the backlog. He would submit that pursuant to this advertisement was issued and Petitioner was selected and appointed despite which Respondents illegally terminated his services.

4.2. He would submit that Petitioner produced entire correspondence between School and Government Authorities however as photocopies were produced and originals were with the School. The Tribunal dismissed the Appeal for non-production of originals and solely on the ground of photocopies being produced and nothing more. Hence, he would urge the Court to quash and set aside the impugned order and allow