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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N.JADHAV
Somnath Kondaji Korde – Appellant
Versus
Samata Samaj Vikas Sanstha – Respondent
| Table of Content |
|---|
| 1. challenge to the school tribunal's order (Para 2 , 3) |
| 2. petitioner’s arguments regarding due process (Para 4) |
| 3. respondents' arguments supporting termination (Para 5 , 6) |
| 4. court's examination of the documentation (Para 7 , 8 , 9) |
| 5. court's findings on appointment validity (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 6. court's directive for reinstatement (Para 16 , 17 , 18) |
| 7. conclusion of the writ petition (Para 19) |
JUDGMENT :
MILIND N. JADHAV, J.
1. Heard Mr. Sale, learned Advocate for Petitioner, Ms. Hingmire, learned Advocate for Respondent Nos.1 and 2, Mr. Gutte, learned Advocate for Respondent No.3 and Mr. Pandire, learned Advocate for Respondent No.4.
2. The present Writ Petition challenges order dated 28.02.2017 passed by the Presiding Officer, School Tribunal Nashik in Appeal No.43 of 2014 filed under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (for short ‘the said Act’) whereby Petitioner’s Appeal was dismissed. Impugned order is appended below Exhibit ‘F’ at page No.98 of the Petition.
3. Briefly stated, Respondent No.1 is an educational institution managing Respondent No.2 – primary school. Respondent No.3 i
The termination of the teacher was unlawful as it violated principles of natural justice, and the appointment was validly made under due process against a clear vacancy reserved for Scheduled Tribe.
The main legal point established in the judgment is that accrued benefits cannot be taken away without giving the concerned person a reasonable opportunity to defend specific allegations, and specifi....
The main legal point established in the judgment is the importance of specific pleading and proof in claiming appointment against a reserved vacancy, and the legal implications of temporary appointme....
The Education Officer's order cancelling the approval to the petitioner's appointment was illegal and led to the petitioner's wrongful termination, warranting the court's intervention and relief to t....
The main legal point established is that routine affairs of an institution, including appointments and approvals, should be considered independently of disputes in management.
Approval for appointment of educational staff must adhere to existing vacancies and established communication protocol; unmanaged delays by authorities warrant administrative accountability.
The need to follow due process as per the MEPS act and rules for termination and appointment.
The main legal point established in the judgment is that the management must adhere to the rules and regulations for the appointment of staff in private schools, including the obligation to ascertain....
Compliance with mandatory provisions of the MEPS Act and Rules is essential for the validity of appointments in private schools.
The main legal point established in the judgment is that the initial appointment of the appellant on the post of Junior Clerk was illegal due to violation of the relevant provisions of the Maharashtr....
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