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1987 Supreme(Bom) 245

G.F.COUTO, V.V.VAZE
Francis John – Appellant
Versus
Director of Education, Government of Goa, – Respondent


JUDGMENT - VAZE V.V., J.:—Does the termination of the services of a Headmaster of a Secondary School which receives air under the Grant-in-aid Code of the Government of Goa raise an issue of public law so as to be amendable to the writ jurisdiction of this Court?

2. Francis John was appointed as a Headmaster by the Calangute Don Bosco Educational Welfare Foundation in 1974 and by an order dated 12th July, 1984, the Director of Education of the Government of Goa agreed with the findings of the Disciplinary Committee and permitted the Principal of the school to terminate the services of Francis John as per Rule 74.3 of the Grant-in-aid (G.I.A.) Code. The Principal of the Don Bosco High School terminated the services of the petitioner as Headmaster by letter dated 26th July, 1984 which termination is being challenged by this writ petition.

3. According to the petitioner, the proceedings of the Disciplinary Committee contravened the principles of natural justice and fair play inasmuch as one of the Members of the Committee was biased against him.

4. Mr. Kakodkar, learned Counsel for the petitioner, relied on (R. v. Panel on Take-overs)1, 1987(1) All.E.R. 564, for the proposition that




















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