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1971 Supreme(SC) 688

J.M.SHELAT, C.A.VAIDIALINGAM
Regina – Appellant
Versus
St Aloysius Higher Elementary School – Respondent


Advocates Appeared:
For the Appellant :- B.R.L. Iyengar, Sr. Advocate, E.C. Agrawala, Advocate.
For the Respondents:- R. Gopalakrishanan, Advocate.

JUDGMENT :

J.M. Shelat, J. : - Prior to June 1, 1955, the appellant was working as the Head Mistress in the respondent school. On April 22, 1955, the management of the School served certain charges on her and called upon her to reply to the same. Her reply was found to be unsatisfactory, and thereupon, by an order passed by the management on June 1, 1955 she was reduced to the position of an Assistant Teacher. She thereafter filed an appeal against the management before the District Educational Officer, South Kanara. Her appeal was rejected. A further appeal by her before the Divisional Inspector of Schools, Coimbatore, succeeded and the Divisional Inspector directed the management to restore her to her original position as the Head Mistress. The Management declined to do so and she filed the suit from which this appeal arises.

2. The suit was on the basis that since the school had obtained recognition and grant-in-aid under the Madras Elementary Education Act, VIII of 1920, and the rules made therefor by the Government, it was under the supervision first of the Education Department of the Madras Government and after reorganisation of States, that of the Mysore Government. According

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