IMPORTANT POINTS
Necessity of Government approval for appointment implies the same for termination also.
Writ petition is maintainable even as against the private unaided educational institutions.
Arbitrary and illegal termination calls for reinstatement with back wages.

ORDER :

1. The main question for consideration in the appeal is as to maintainability of writ petition as against private school receiving grant in aid to the extent of dearness allowance. The appeal has been filed against the judgment and order dated 30.1.2009 passed by the Division Bench of the High Court of Calcutta whereby the appeal filed by respondent No.1 was allowed directing his reinstatement along with back wages.

2. The facts of the case are that respondent No.1 herein applied for the post of Assistant Teacher in the year 1985 and after the interview she was appointed as Assistant Teacher in the appellant-school on probation w.e.f. 01.04.1995. The school authority referred all requisite papers to the District Inspector of Schools concerned seeking approval on 31st March 1995. On 2nd January 1997 concerned District Inspector of Schools (Primary Education), Calcutta referred those papers to the Director of School Education, West Bengal for his opinion who in turn requested the District Inspector of Schools concerned to submit a declaration from respondent No.1 herein that she would not claim any arrear of salary. Respondent No.1 unwillingly agreed to such an undertaking.

3. Thereafter, there was a delay in granting approval and respondent No.1 on 27.11.2000 filed a Writ Application No.3232 of 2000 before the High Court seeking Writ of Mandamus commanding the Director of School Education, West Bengal and concerned District Inspector of Schools to accord approval of the appointment. The High Court vide order dated 18.12.2000 in W.P. No.3232/2000 disposed of the Writ Petition with direction to Director of School Education to consider the matter with regard to approval of the appointment of respondent No.1 as Assistant Teacher in appellant school within a period of six weeks.

4. The order passed in the Writ Petition was communicated to the appellant-school which resulted in a show cause notice being issued by the Secretary of the Managing Committee to respondent No.1 herein asking as to why she moved the said Writ Application impleading the District Inspector of Schools (Primary Education) Calcutta as a party in the proceeding, which as per their understanding caused breach of discipline of the school. Along with this letter order of suspension was issued and she was suspended for a period of 12 days w.e.f. 21.12.2000 to 01.01.2001.

5. In her reply to the letters of the appellant school, respondent No.1 denied the charges against her. After the period of suspension was over, respondent No.1 reported to her duties. She was allowed to sign the attendance register but was restrained from taking classes. Respondent No.1 applied for leave and on 14.2.2001 she resumed her duties but she was not allowed to perform the duty. A letter was issued to her by the Secretary of the Managing Committee asking her not to attend duty from 15.02.2001. But she continued to attend school and took the classes. On 19.02.2001 she was forcibly ousted from the school with the help of police and was asked to attend a meeting wherein she was threatened to face termination of service. On 20.2.2001 she was served with a letter of termination annexing two cheques.

6. Assailing the order of termination, respondent No.1 filed a Writ Application before the High Court. Learned Single Judge of the High Court vide order dated 20.8.2001 dismissed the W.P. No.889/2001 on the ground that as the concerned school was not a recognised primary school by State Government but a privately managed primary school, writ application was not maintainable. However, it allowed respondent No.1 to institute an appropriate suit for seeking relief claimed in the writ petition.

7. Challenging the dismissal of WP No.889/2001, respondent No.1 appealed before the Division Bench of the High Court. The Division Bench vide order dated 30.1.2009 in APOT No.709/2001 in W.P. No.889/2001 allowed the appeal preferred by respondent No.1 and set aside the termination order and allowed respondent No.1