The judgment in TMA Pai Foundation and others v. State of Karnataka established the need for an Educational Tribunal and influenced the court's decision to clarify the jurisdiction of District and Sessions Judges in hearing appeals of employees of technical and non-technical institutions.

, J.

1. The petitioner is aggrieved by the order Annexure P.10 dated 20.3.2006 vide which respondent No. 5 has been appointed to the post of Post-graduate Teacher (Commerce).

2. Learned counsel for the petitioner also prayed that the State of Haryana be directed to constitute a Educational Tribunal in terms of the judgment in TMA Pai Foundation and others v. State of Karnataka (2002(8) SCC 481), wherein the following directions were given by the Honble Supreme Court

"64...... In the case of educational institutions, however, we are of the opinion that requiring a teacher or a member of the staff to go to a civil Court for the purpose of seeking redress is not in the interest of general education. Dispute between the management and the staff of educational institutions must be decided speedily, and without the excessive incurring of costs. It would, therefore, be appropriate that an Educational Tribunal be set up in each District in a State, to enable aggrieved teachers to file an appeal, unless there already exists such an educational Tribunal in a State the object being that the teacher should not suffer through the substantial costs that arise because of the location of the Tribunal, if the tribunals are limited in number, they can hold circuit/camp sittings in different districts to achieve this objective. Till a specialized tribunal is set up, the right of filing the appeal would he before the District Judge or Additional District Judge as notified by the Government. It will not be necessary for the institution to get prior permission or ex post facto approval of a governmental authority while taking disciplinary action against a teacher or any other employee. The State Government shall determine, in consultation with the High Court, the judicial forum in which an aggrieved teacher can file an appeal against the decision of the management concerning disciplinary action or termination of service."

3. Mr. Sanjiv Bansal, Advocate has placed before us a notification dated. 8.9.2005 issued by the Haryana Government, according to which District and sessions Judges in the State of Haryana have been authorized to hear appeals of all the employees of aided/un-aided technical institutions against the decision of management within their jurisdiction by the Punjab and Haryana High Court at Chandigarh vide No. 23414/Gaz.II/X.C. C.II dated 10.8.2005.

4. A perusal of the aforementioned notification shows that the District and Sessions Judges have been authorized to hear appeals of the employees of aided/unaided technical institutions.

5. Mr. D.S. Patwalia, counsel for the petitioner, contends that the post, which the petitioner is holding in Middle School at Rohtak, is a non-technical post and hence, the aforementioned notification dated 10.8.2005 may not be applicable in the present case.

6. After hearing the counsel for the petitioner, we are of the opinion that the directions of Honble Supreme Court in TMA Pai Foundation and others v. State of Karnatakas case (supra) were that Educational Tribunal be constituted in each District to redress the grievances of the technical as well as non-technical staff. Hence the aforementioned notification would be applicable to the non-technical institutions also. However, we direct the respondent-State to bring out a clarification/corrigendum for bringing the non technical institutions also within the ambit of notification dated 8.9.2005 so that any appeal against the order of managements of non-technical institutions may also be filed before the concerned District and Sessions Judge till such time an Educational Tribunal is constituted. Directions are also issued to the respondents-State to constitute a Educational Tribunal in terms of the judgment in T.M.A. Pai Foundation and others case (supra).

7. In view of the aforementioned facts, as District Judges have been directed to hear appeals of the employees of aided/unaided technical and non- technical institutions in Haryana within their ju