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2003 Supreme(Ker) 618

JAWAHAR LAL GUPTA, A.K.BASHEER
P. V. Suter Paul – Appellant
Versus
Sobhana English Medium High School – Respondent


Judgment :-

Basheer, J.

Is a writ petition under Article 226 of the Constitution maintainable against the Manager of a recognized unaided school? In view of the difference of opinion, this question has been referred to the Division Bench by a learned Single Judge.

2. Before we consider the above question, it may be useful to refer briefly to the relevant facts of the case.

3. The petitioner was working as a Physical Education Teacher in Sobhana English Medium High School, Kothamangalam. It is admittedly a recognized unaided school. In March 1999, the Manager of the school, respondent No.1, issued a notice to him to show cause why his service should not be terminated in view of several allegations of misconduct and, in particular, in the light of a complaint received from the parent of a student. The explanation given by the petitioner was not found to be satisfactory. A domestic enquiry was conducted by the management. By the report dated 8th June 1999, the Enquiry Officer found that all the charges except one, leveled against the petitioner were proved. By Ext.P7 communication dated 15th June, 1999, the Manager of the school terminated the services of the petitioner with effect from



















































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