Manisha D/O Vijayrao Khandre v. Akta Samajik Shikshan Sanstha, Gadchiroli Thr. President And Others

1 4-WP No.8264.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.

OF 20 (Manisha D/o Vijayrao Khandre ..VS.. Akta Samajik Shikshan Sanstha, Gadchiroli and Ors. ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : A NIL S. KILOR , J.

DATED : AUGUST 07 , 20 .

1.

None for the petitioner.

2.

In the present matter, the judgment and order passed by the School Tribunal on 11.12.2014 in Appeal STC No.29/2009 is under challenge. The School Tribunal dismissed the appeal preferred by the petitioner challenging her termination vide order dated 28.07.2009. 3.

The learned School Tribunal while dismissing the appeal has observed that, the challenge to the termination order dated 28.07.2009, was raised by way of appeal filed in the year 2014 i.e. after five years and even in the proceeding before the Tribunal, the appellant was continuously absent and not attended the matter either personally or through her advocate.

4.

On merit, the learned School Tribunal has observed that the petitioner has not produced

2 4-WP No.8264.2022 advertisement published by the respondent calling application for the said post on which, the petitioner was appointed. The appellant herself has also stated that her initial appointment was on temporary basis for three years. 5.

Thus, on failure of the petitioner to establish the fact that her appointment was as per Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, the appeal was rejected. 6.

I do not find any perversity or illegality committed by the School Tribunal. Accordingly, the writ petition is dismissed. No costs.

JUDGE Kirtak.

JANARDHAN KIRTAK 18:22