The main legal point established is that the termination of the plaintiff's services was in accordance with the terms of his temporary appointment and did not warrant a declaration of continued employment.

GURUSHARAN SHARMA, J.

( 1 ) THE defendants are appellants. Plaintiffs suit for declaration that termination of his services as a teacher of Delhi Public School, Ranchi, was illegal, was dismissed. However, appeal filed by him was allowed in part and his removal from service was held to be arbitrary and in violation of natural justice.

( 2 ) DELHI Public School Society (hereinafter referred to as the Society)is a society registered under the Societies Registration Act, 1860. It object is to establish progressive schools and other educational institutions in delhi or outside Delhi and impart sound and liberal education.

( 3 ) AN agreement dated 6-1-1989 was entered into between the Research and development Center for Iron and Steel, Ranchi (in short the rdcis, an unit of Steel Authority of India Limited (in short the SAIL) a company incorporated under the Companies Act, 1956 and the society regarding setting up of an English medium School in the township of the RDCIS at Ranchi in the name of Delhi public School (in short the School) for the benefit of children of employees working in the units of SAIL at Ranchi and Metallurgical and Engineering Consultants (India) Limited (in short mecon) under the control of the Society.

( 4 ) IT was agreed that the Society shall select and appoint good and qualified teachers and other staff to run the school and representative of the SAIL - RDCIS shall also be associated in the selection of qualified teachers. The RDCIS will construct school building and provide furniture, audio-visuals, play materials and other teaching aids required for keeping up the standard of the school. Keeping in view the high initial cost of establishing, running and maintaining the school, as the classes were to be gradually built up, the RDCIS was to provide suitable grants to make the shortfall in expenditure of the school for the fist five years only. It was the responsibility of the society to make all efforts to get recognition of the, school by the Central Board of secondary Education (in short the CBSE) with cooperation of RDCIS.

( 5 ) ACCORDING to the Memorandum of association of the society a working committee in the school was constituted to function and perform its duties. The said working committee constituted a selection committee for selection of staff. The School was duly affiliated by the CBSE.

( 6 ) THE Managing Committee of the school selected the plaintiff for appointment as a teacher in Grade IV with effect from 17-8-1992 for a period of six months, extendable subject to approval by the selection committee,. The Principal of the school by letter dated 10-9-1992 communicated the terms and conditions of his appointment. At that time the plaintiff was possessing Master of Science degree in Chemistry (Organic) and had not obtained Bachelor of Education degree. As the meeting of the selection committee could not commence. The respondnet was granted three months extension of service with effect from 17-2-1993. It was made clear that any further extension of his service will be subject to his appearance in the interview board and approval of his appointment by the selection Committee. ( 7 ) ON 31-5-1993 the plaintiff was informed that his services expired on 16-5-1993 and, therefore, he has been relieved and was asked to return library books, Chemistry laboratory key and Gas Book key, which were in his possession.

( 8 ) IN the meantime, an advertisement was made for appointment of Grade III and IV teachers in Chemistry in the school, which was published in "employment News" dated 20/26-2-1993. The plaintiff claimed to have obtained senior teachers Training Diploma certificate from sister Nivedita College, Calcutta and applied against the aforesaid advertisement for appointment as Grade III teacher, but he was not called for interview.

( 9 ) THE plaintiff filed Title Suit No. 76 of 1993 in the Court of Munsif, Ranchi, against the Managing Committee of the School and its Principal for declaratio