The central legal point established in the judgment is that the termination of service of an employee in a non-Government educational institution must comply with the provisions of the Assam Non-Government Educational Institution (Regulation and Management) Act, 2006, particularly Section 15(3).

JUDGMENT :

Heard Mr. M.K. Choudhury, learned senior counsel, assisted by Mr. D. Bora, learned counsel for the petitioners. Also heard Mr. N.J. Khataniar, learned standing counsel for the Secondary Education Department representing respondent nos. 1 to 4 and Mr. M.A. Sheikh, learned counsel for the private respondent no.5.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioners have prayed for quashing of the order dated 20.08.2022, passed by the learned Education Tribunal, Morigaon in Education (T) Case No. 2/2016.

Case of the petitioners:

3. Bapuji High School at Jagiroad, which is a Hindi Medium School, was provincialised with effect from 01.01.2013 under the provisions of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 and accordingly, the service of Awadhesh Kumar Singh (petitioner no. 1) and other teaching and non-teaching staffs of the said school were provincialised. It is projected that the petitioner no. 1 was the founder Headmaster of the said school.

4. The petitioners have projected that the School Managing Committee (hereinafter referred to as ‘SMC’ for short) of Bapuji High School (Hindi Medium), Jagiroad the said school was reconstituted with the petitioner no. 2 as its President, which was approved by the respondent no. 3 on 15.05.2007.

5. It is projected that Ramanand Jha (respondent no. 5) was the senior-most teacher of Bapuji High School (Hindi Medium). The SMC, vide resolution dated 22.06.2001 allowed the respondent no. 5 to hold the charge of Headmaster of the said school and as Secretary of the SMC, he also entrusted him the responsibility of advertising to fill up the vacant post of Headmaster of the said school. However, on the ground of misappropriation of school funds, he was suspended by the School Managing Committee vide resolution dated 01.06.2007, which the respondent no. 5 had refused to accept. The said resolution was approved by the Inspector of Schools, Morigaon (respondent no.3) on 04.06.2007. The respondent no.3 then issued a show cause notice dated 05.06.2007 to the respondent no. 5, but he failed to respond to it within the stipulated time and the respondent no. 3 had intimated the Deputy Commissioner, Morigaon about the same vide letter dated 12.06.2007. It is also projected that the school authorities had also issued communications dated 15.05.2007, 09.06.2007 and 16.06.2007 to the respondent no. 5 as reflected in peon book, which he refused to accept. As per the direction of the respondent no.3 vide letter dated 19.06.2007, the SMC is stated to have lodged an FIR against the respondent no. 5.

6. Thereafter, the respondent no. 5 was removed from service by the SMC by adopting a resolution in its General Meeting held on 22.08.2007, which is stated to have been passed in the presence of the respondent no. 5 and Smt. Sudha Jha, his wife as well as teacher of the said school. It is projected that the respondent no. 5 and his wife had put their signature along with others present.

7. Thereafter, the SMC, by a resolution dated 05.11.2007, had resolved to appoint the petitioner no. 1 as the Headmaster of the Bapuji High School (Hindi Medium). Accordingly, the petitioner no. 1 was appointed as the Headmaster of the said school on 30.11.2007.

8. In the meanwhile, vide letter dated 26.03.2008, the respondent no. 3 informed the President of SMC that in respect of removal and dismissal of the service of an employee, it may act as per the provision of the Assam Non-Government Educational Institutions (Regulation and Management) Act, 2006. Thereafter, the President of the SMC by letter dated 31.03.2008, informed the respondent no. 5 about the SMC resolution dated 22.08.2007, terminating the service of the respondent no. 5. Thereafter, the Inspector of Schools (respondent no.3) gave its approval to the appointment of the petitioner no. 1 as Headmaster of Bapuji High School (Hindi Medium) on 18.08.2008.

9. Thereafter, vide lett