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ANIL KUMAR SINHA
Rakesh Chandra Jha – Appellant
Versus
Bihar Sanskirt Siksha Board, Patna – Respondent
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 petit
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.
The main legal point established in the judgment is the illegality of appointments made by the Panchayat Employment Committee, the entitlement of the writ petitioner to be offered appointment and con....
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