Disciplinary termination in an educational institution must be executed by the statutory 'Manager' as defined by the governing Act. Delegation of this authority to an unauthorized person renders the dismissal order void, regardless of internal corporate resolutions, as it contravenes statutory requirements.

CAV JUDGMENT

1. The petitioners of both these petitions, seek to challenge the very same order dated 10.05.2019 passed by the Gujarat Educational Institutions Services Tribunal at Ahmedabad (hereinafter referred to as “Tribunal”) in Application No. 146 of 2016 (Old Application No. 5 of 2014). In view of the aforesaid, both these petitions are heard together and decided by way of this common judgment.

2. The petition of Special Civil Application No. 22226 of 2019 is filed on behalf of the Ahmedabad Jesuit School Society (hereinafter referred to as “School”) and Special Civil Application No. 18515 of 2019 is filed by an Assistant Teacher (hereinafter referred to as “Teacher”), whose service came to be terminated by the School.

3. Heard Mr. Sudhir Nanavati, learned Senior Advocate appearing on behalf of Nanavati & Nanavati for the School, Mr. Sandip H. Munjyasara, learned Advocate for the Teacher and Ms. Forum Bimal Sukhadwala, learned Assistant Government Pleader for the respondent Nos.2 to 4.

4. With consent of learned Advocates for the respective parties, the matter is taken up for hearing.

5. THE SHORT FACTS OF THE CASE APPEAR TO BE THAT:

5.1. The Teacher was appointed as the ‘Shikshan Sahayak’ in the Higher Secondary Section of the school vide the appointment letter dated 13.02.2006. The appointment letter was signed by Father M.G. Raj jointly with the Principal of the School.

5.2. The Teacher, while in service, was served with a show-cause notice dated 01.04.2013 under Section 36(1) of the Gujarat Secondary Education Act, 1972 calling upon him to show cause why he should not be dismissed as a ‘Teacher’ on the following charges:

“1 That you had sent an objectionable anonymous shall mail in the name of some exteacher against the school, principal and Vice Principal in September 2011. That the Institution filed a criminal complaint with the concerned police station, wherein after investigation you were found guilty by the police authorities. That the Institution did not pursue the complaint against you on a sympathetic consideration on your tendering an apology on 15.10.2011, to the Institution.

2 That a student of Class XII A student gave a written complaint on 17.08.2012, stating that you were instigating students against the school. That it was also reported in writing by a student on 27.08.2012, that when the existence of such letter / complaint came to your knowledge, you forced the student to change his version and state that the student was not the author of such a letter / complaint.

3 That your objectionable actions have been reported by the students to their parents and hence, one parent has given a written complaint against you on 01.10.2012, complaining that you were causing mental harassment to their ward.

4 That the staff members of the Institution had made written complaints about you on 15.07.2011, 13.09.2012, 04.12.2012, 24.12.2012 and 03.01.2013. That you had also misbehaved with our supervisor Mrs. Laxi Iyer in the open forum on 22.12.2012.

5 That few days later i.e. 03.01.2013, it was reported that you fought with Mr. Ravi Pillai in the staff room, threatened him and insulted him.

6 That in yet another incident, it was observed that you were forcing students to give a feed back during the classroom study time, which was not required and was sheer waster of time. That such an action on your part indirectly involves children into unwarranted person score setting tactics and is extremely unbecoming of a teac