Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
ANIL KUMAR SINHA, J.
CWJC No.5665 of 2013
(8.8.2024)
Rakesh Chandra Jha & Anr. ... Petitioners
vs.
Bihar Sanskirt Siksha Board, Patna & Ors. ... Respondents
Bihar State Recognized Non-Government Sanskrit Schools (Up to Madhyama Standard) Teachers Service Conditions Rules, 2015 (Managing Committee Constitution Rules, 2015) – Rule 13 read with Bihar Sanskrit Shiksha Board Act, 1981 – Section 22 – Termination of petitioners' appointment as Assistant Teacher done under Managing Committee Constitution Rules, 2015 – Maintainability of writ petition – Managing Committee Rules, 2015 confers powers and functions upon the Managing Committee including the function regarding the service condition of the teachers – If the provisions of the Rules are violated by the Managing Committee, the High Court in exercise of jurisdiction under Article 226 of the Constitution of India can interfere in the light of the fact that the Managing Committee Constitution Rules, 2015 are statutory rules – The Managing Committee treated under 2015 Rules with certain functions and powers is amenable to writ jurisdiction. (Para 27)
Bihar State Non-Government Sanskrit High School (Service Condition) Rules, 1976 – Rules 22 to 28 read with Bihar State Non Government Recognized Sanskrit School (Up to Madhyama Standard) Teacher Service Condition Rules, 2015 (Service Condition Rules, 2015) – Rule 13 – Termination of Asstt. Teachers – petitioners' services were terminated on the basis of enquiry conducted by the District Education Officer – Enquiry report along with the show-cause not made available to the petitioners – Enquiry was an ex-parte enquiry conducted behind the back of the petitioners – Rules framed under Section 22 of the Act are statutory rules which casts certain obligations upon the Managing Committee while dealing with the service conditions of the teachers – Rule 13 of the Service Condition Rules, 2015 is pari materia to Rules 22 to 28 of 1976 rules and assigns duty upon the Managing Committee to follow certain procedures including the principles of natural justice – 2015 Rules having been given retrospectivity having statutory force accordingly, non-conformity of the principles of natural justice as enshrined in the 1976 and 2015 Rules renders the termination invalid – Termination of the services of the petitioners set aside – consequently, the appointment of the private respondents also set aside – Respondents directed to reinstate the petitioners forthwith with 50% of back wages from the date of termination till the date of reinstatement – writ petition allowed. (Paras 32, 33 to 38)
Anil Kumar Sinha, J.—The petitioners have filed the present writ application for a direction to the respondents to allow the petitioners to work against the post of Assistant Teacher after quashing the letter no. 21 (K) dated 09.01.2011 issued by the Secretary of Shri Lakshmi Narayan Sanskrit Uchh Vidyalaya (hereinafter referred to as the “School”) by which the services of the petitioners have been terminated and for further direction to the respondent authorities to make payment of salary due to the petitioners and for quashing of Memo No. 3275 dated 10.05.2013 by which the private respondent nos. 4 & 5 were appointed against the post of Assistant Teacher.
2. Brief facts giving rise to the present writ application is that on 28.10.2006 an advertisement was published by the Secretary of the respondent / School inviting applications for two posts of Graduate Assistant Teacher and one post of Clerk for appointment. The Managing Committee in its meeting held on 14.11.2006 appointed the petitioners as Assistant Teacher in the School in question on temporary basis and subsequently the Principal of the said School communicated the decision taken in the meeting for appointment of the petitioners to the Secretary, Bihar Sanskrit Shiksha Board (hereinafter referred to as the “Sanskrit Board”) vide letter no. 15 dated 14.11.2006 for approval and further for initiating the process of permanent appointment.
3. Subsequently, appointment letters were issued to the petitioners following which both of them submitted their joining on 17.11.2006. Thereafter, Sanskrit Board vide Memo No. 1580 dated 28.03.2007 communicated its approval for appointment of the petitioners as Assistant Teacher on temporary basis.
4. Upon receiving the approval for initiating the process of permanent appointment in the School, advertisement was again published on 10.05.2007 in the daily newspaper “Aaj” inviting applications for appointment on two posts of Assistant Teacher and one post of Clerk in the respondent-School. The Managing Committee of the said School vide its letter no. 5 dated 22.05.2007 communicated to the Secretary of the Sanskrit Board about the applications received pursuant to the aforesaid advertisement and requested therein to appoint expert to overview the interview process schedule to be held on 05.06.2007, following which Secretary of the Sanskrit Board vide its letter no. 4739 dated 01.06.2007 appointed Sri Ramendra Sah, Principal, Kaushalya Sanskrit High School, Mahua, Vaishali as an Expert to overview the interview process.
5. Thereafter, the process for selection of the said applicants were taken on 05.06.2007 in presence of the Expert and after interview of the petitioners and others, the Selection Committee recommended the name of the petitioners for appointment against two vacant posts of Assistant Teacher. The recommendation of the Selection Committee was unanimously accepted by the Managing Committee and it was resolved to seek approval from the Sanskrit Board for their permanent appointment. The Secretary of the respondent-School sent the proposal for approval of appointment of the petitioners vide letter no. 8 dated 07.06.2007. The Secretary of the Sanskrit Board vide its Office Order No. 5049 dated 02.07.2007 granted approval for appointment of the petitioners on permanent basis in the pay scale of Rs. 1400-2500/-. It is the case of the petitioners that the local politicians whose wards were not appointed, forced the petitioners not to work, following which petitioners filed several representations.
6. Learned senior counsel for the petitioners argued that the procedure regarding appointment of the petitioners was duly followed by the validly constituted Managing Committee after following due process of law. During the process of selection Sri Sarvkant Pathak (Principal) and Sri Kamal Kishore Pathak were asked by the Expert Committee to leave the selection process and accordingly they did not participate. Appointment of the petitioners wa
The court established that the principles of natural justice must be strictly followed in employment termination cases, particularly in the context of private educational institutions, and that the a....
(1) Appointments made in contravention of statutory provisions are void ab initio.(2) Mere dismissal of Special Leave Petition would not mean that view of High Court has been approved by Apex Court.
The termination order was found to be arbitrary, unjust, and against the principles of natural justice, leading to its setting aside and the reinstatement of the petitioner.
The main legal point established in the judgment is the violation of natural justice and the failure to consider all relevant facts and materials in reaching the decision.
The court established that teachers engaged in unrecognized classes can be regularized upon the recognition of the school, provided their appointments were bona fide.
Point of Law - In view of the above provisions of the Act, 1972 it emerges that due to fault of the management of the School the petitioner cannot be penalized by not granting the protection under Se....
Termination of services during probation must have prior approval from the educational authority, and lack of compliance renders such termination unlawful.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
