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Issues:
1. Validity of the judgment and order passed by the School Tribunal Nagpur directing the reinstatement of the respondent in service. 2. Interpretation of the appointment of the respondent as a part-time teacher in a Science College. 3. Application of Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. 4. Consideration of the appeal filed by the respondent beyond the prescribed time limit. Detailed Analysis: 1. The judgment challenged the decision of the School Tribunal Nagpur that directed the reinstatement of the respondent in service with seniority and future pay. The Tribunal held that the respondent's termination was void as he should have been appointed on probation for two years under the MEPS Act. The petitioner contested this decision, arguing that the appointment was temporary and not in a clear vacancy, and the respondent accepted the termination initially. The High Court found that the Tribunal erred in treating the appointment as probationary and ruled in favor of the petitioner, quashing the Tribunal's order. 2. The respondent was appointed as a part-time teacher in a Science College mid-session to teach Biology despite having a degree in Zoology. The appointment was temporary, subject to approval, and on an hourly basis. The Tribunal inferred that the respondent should have been appointed on probation for two years when the post became full-time. However, the High Court determined that the appointment was temporary due to the lack of a clear vacancy and the specific terms of the appointment, rejecting the Tribunal's interpretation. 3. The Tribunal applied Section 5 of the MEPS Act to the respondent's appointment, deeming it probationary for two years. The High Court disagreed, stating that the Act does not mandate probationary appointments and that the respondent's temporary appointment did not fall under Section 5. The Court clarified the distinction between permanent and non-permanent employees under the Act and ruled that the respondent's appointment was temporary and not probationary. 4. The respondent filed an appeal beyond the prescribed 30-day limit under Section 9 of the MEPS Act. The Tribunal entertained the appeal without sufficient cause shown for the delay. The High Court emphasized the importance of adhering to statutory provisions and found that the Tribunal erred in condoning the delay without proper justification. Consequently, the Court quashed the Tribunal's order and ruled in favor of the petitioner. Overall, the High Court's judgment favored the petitioner, emphasizing the temporary nature of the respondent's appointment and rejecting the Tribunal's interpretation of probationary status. The Court also highlighted the importance of adhering to statutory timelines for filing appeals under the MEPS Act.
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