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CASE NO.:

Appeal (civil) 7553 of 2005

PETITIONER:

Kankavali Shikshan Sanstha & Ors.

RESPONDENT:

M.R. Gavali & Ors.

DATE OF JUDGMENT: 16/12/2005

BENCH:

Ruma Pal & Dr. AR. Lakshmanan

JUDGMENT:

J U D G M E N T

(Arising out of S.L.P. (Civil) No. 12153 OF 2004)

Dr. AR. Lakshmanan, J.

Leave granted.

Kankavali Shikshan Sanstha and two others are the appellants in this appeal.

This appeal was filed against the judgment and final order dated 05.02.2004 passed by

the High Court of Bombay in Writ Petition No. 3000 of 2003 whereby the High Court

allowed the said writ petition of the first respondent herein - Manohar Ramchandra

Gavali by setting aside the order dated 31.03.2003 of the School Tribunal, Kolhapur

and directed that the first respondent shall be entitled to reinstatement in service with

continuity of service and back-wages.

The short facts of the case are as follows:-

Respondent No. 1 - M.R. Gavali was appointed as Assistant Teacher in the

S.M.Junior College w.e.f. 18.06.1994 on purely temporary basis for the academic year

1994-1995 i.e. for the period from 18.06.1994 to 02.05.1995 against the backlog of

SC/ST and NT category. Clauses 2,3,7 & 8 of the appointment order read as follows:-

"2. Your appointment is purely temporary for a period from 18.06.1994 to

02.05.1995 in the leave/deputation vacancy after expiry of the above period

your services shall stand terminated without any notice. OR

3. The terms of your employment and condition of service shall be as laid

down in the Maharashtra Employees of Private Schools (Conditions of

Service) Regulation Act, 1977 and the rules made thereunder.

7. Your appointment is conditional subject to the approval of the Education

Department.

8. This post is reserved for Schedule Caste and if candidate of that category

will be available, your service will be terminated."

The Deputy Director of Education approved the said appointment by his letter of

approval dated 04.04.1995.

The appellant-Institution sought to fill up the backlog against the reservation by

publishing advertisement in the newspapers. However, the particular backward class

candidate was not available. On account of non-availability of the ST reserved

category candidate, respondent No.1 - M.R. Gavali was again appointed temporarily on

08.06.1995 for the academic year 1995-96. It was made clear that the said

appointment is liable to be terminated as and when a candidate from the backward

class is made available and that the said appointment was subject to the approval of

the Education Department.

Respondent No.1 submitted an affidavit on 24.11.1995 stating that his

appointment in the 3rd appellant college was only till 02.05.1995 and that his

appointment is totally temporary and on the backlog of SC, ST and NT and only for the

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academic year 1995-96. On 31.01.1996, respondent No.1 again submitted an affidavit

on a bond paper stating that the said appointment is temporary and that he will not

claim any permanent right on the said post. On the basis of the aforesaid affidavit, the

Deputy Director of Education approved the said appointment on totally temporary basis

for the year 1995-96 due to the backlog of SC/ST candidate.

Despite repeated efforts, due to non-availability of SC/ST reserved category

candidate, and as the said post was filled on purely temporary basis for the academic

year 1995-1996, the appellant issued a notice of termination on 26.03.1996 to

respondent No.1 terminating his services at the end of the academic year viz., from

30.04.1996. The termination notice reads thus:-

"Termination Notice

Shri M.R.Gavali

(M.A. B.Ed)

Asst. Teacher

S.M. Jr. College of Sc. & Commerce,

Kankavli, Dist. Sindhudurg

Sub: Termination as Asstt. Teacher after completion of your servic