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1984 Supreme(SC) 410

D.A.DESAI, V.KHALID
Manmohan Singh Jaitla – Appellant
Versus
Commissioner, Union Territory, Chandigarh – Respondent


Advocates Appeared:
For the Petitioner: K.G. Bhagat, Additional Solicitor General and Ms. Asha Rani Jain,
Vimal Dave, Advocate.
For the Respondent:Prithvi Raj and R.C. Pathak, Advocates.

JUDGMENT :

D.A. Desai, J.

Guru Nanak Khalsa High School ('School' for short) an aided school and hence governed by The Punjab Aided Schools (Security of Service) Act, 1969 ('1969 Act' for short) in its application to the Union territory of Chandigarh dispensed with the service of the Headmaster of the School, appellant Shri Manmohan Singh Jaitla, and the drawing teacher Amir Singh claiming to exercise power under an agreement executed by each of them with the management of the school. Admittedly, the school receives 95% of its expenses as grant from the Government and for contribution 5% of the expenses claims thoroughly arbitrary powers to be presently pointed out which appears to be anachronistic. The action of the Managing Committee of the school in dispensing with the services of both the aforementioned persons is questioned in these two matters on more or less identical grounds and therefore they were heard together and are being disposed of by this judgment.

In Re : C.A. No. 2137/84 :

2. Pursuant to an advertisement inviting application for the post of Headmaster of the School, appellant-Shri Manmohan Singh Jaitla applied for the same. He was interviewed on March 28, 1976 and on

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