Writ Petition No. 9190 of 2005. Case: Ravindra Narayan Malap Vs The President (Guhagar Education Society) and Ors.. Bombay High Court

Case Number:Writ Petition No. 9190 of 2005
Party Name:Ravindra Narayan Malap Vs The President (Guhagar Education Society) and Ors.
Counsel:For Appellant: Mr. Makarand Bakore, Adv. and For Respondents: Mr. Kunal Kumbhat, i/b. Ms. Sunanda Kumbhat, Advs., Ms. M. S. Bane, A.G.P.
Judges:R.D. Dhanuka, J.
Issue:Constitution of India - Article 226
Judgement Date:June 06, 2016
Court:Bombay High Court


  1. By this petition filed under Article 226 of the Constitution of India, the petitioner has impugned the order and judgment dated 30th September, 2005 passed by the School Tribunal, Kolhapur Region, Kolhapur dismissing the appeal filed by the petitioner. Some of the relevant facts for the purpose of deciding this petition are as under:-

  2. It is the case of the petitioner that he belongs to Kunabi community which is included in Other Backward Class category by the State of Maharashtra. The respondent no.1 society is running a Secondary and Higher Secondary School at Ratnagiri district. It is the case of the petitioner that the respondent no.1 decided to promote one Mr.D.M.More, a peon working with them on the post of Lab Assistant from the academic year 2000-2001 and therefore causing a clear vacancy. The respondent no.1 vide their letter dated 12th May, 2000 addressed to the District Employment and Self-Employment Guidance Centre, Ratnagiri called for the list of eligible candidates for the post of peon and other posts. In the said list, the name of the petitioner was included for the post of peon. The respondent no.1 thereafter issued an advertisement on 23rd May, 2000 inviting the applications from eligible candidates for the post of peon from the open category. After interviewing the petitioner and other candidates, the petitioner was selected for the post of peon.

  3. On 27th July, 2000, the respondent no.2 appointed the petitioner as peon on clear, vacant and permanent post w.e.f. 28th July, 2000 on two years probation. It was mentioned in the letter of appointment that the said appointment was subject to the approval of the Education Department.

  4. On 1st March, 2000 the Government of Maharashtra passed a resolution thereby banning the recruitment on the posts of non-teaching meant for the open categories which had became vacant due to the superannuation, voluntary retirement and death w.e.f. 1st March, 2000.

  5. On 6th July, 2001, the Education Officer issued a letter to the management informing that there was ban on the recruitment of open categories on the post of non-teaching staff, which had become vacant from 1st March, 2000 and thus the appointment of the petitioner to the post of peon could not be accorded.

  6. It is not in dispute that based on the said letter dated 6th July, 2001, the management issued a letter of termination on 24th September, 2001 thereby terminating the services of the petitioner w.e.f. 23rd October...

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