Case Note & Summary
The case involves a writ petition filed by Sarvajanik Education Society and Smt. S.T. Mehta Women's Junior College of Arts (the Management) under Article 226 of the Constitution of India, challenging the judgment and order dated 25 February 2020 passed by the School Tribunal, Mumbai, in Appeal No. 8 of 2019. The Tribunal had allowed the appeal filed by Vibha S. Rai (the Teacher) against the Management, directing reinstatement of the Teacher on the post of Assistant Teacher (part-time post) in Sociology with continuity of service and full back wages from 30 January 2018, and further directing the Management to consider her for a full-time post if it becomes available. The Teacher was appointed as a part-time Assistant Teacher on clock-hour basis for Sociology subject from 1 July 2016 to 30 April 2017, and her services were terminated on 30 January 2018 after the academic year ended. The Management contended that the Teacher was not an 'employee' under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (M.E.P.S. Act), as she was appointed on a part-time clock-hour basis and not in a clear vacancy. The School Tribunal, however, held that the Teacher was an employee under the Act and that her termination without prior approval of the Education Officer was illegal. The High Court examined the definition of 'employee' under Section 2(10) of the M.E.P.S. Act and relevant rules, and held that a part-time teacher appointed on clock-hour basis does not fall within the definition of 'employee' as the Act applies only to persons employed in a full-time capacity or in a clear vacancy. Consequently, the School Tribunal lacked jurisdiction to entertain the appeal. The Court also noted that even if the Tribunal had jurisdiction, the direction for reinstatement with full back wages was not justified as the teacher was appointed on a part-time basis and there was no full-time post available. The impugned order was quashed and set aside, and the writ petition was allowed. The Court directed that the amount deposited by the Management towards back wages be refunded to the Management.
Headnote
A) Education Law - Jurisdiction of School Tribunal - Definition of 'Employee' under M.E.P.S. Act, 1977 - A part-time teacher appointed on clock-hour basis does not fall within the definition of 'employee' under Section 2(10) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, as the Act applies only to persons employed in a full-time capacity or in a clear vacancy. The School Tribunal therefore lacks jurisdiction to entertain an appeal against termination of such a teacher. (Paras 10-15) B) Education Law - Termination of Service - Prior Approval under Section 5 of M.E.P.S. Act, 1977 - Since the teacher was not an 'employee' under the Act, the requirement of prior approval of the Education Officer before terminating her services under Section 5 of the M.E.P.S. Act, 1977, does not apply. The termination was valid and did not require any such approval. (Paras 16-20) C) Education Law - Reinstatement and Back Wages - Discretion of Tribunal - Even if the Tribunal had jurisdiction, the direction for reinstatement with full back wages was not justified as the teacher was appointed on a part-time clock-hour basis and there was no full-time post available. The Tribunal's order was perverse and liable to be set aside. (Paras 21-25)
Issue of Consideration
Whether the School Tribunal had jurisdiction to entertain an appeal filed by a part-time teacher appointed on clock-hour basis against termination of her services, and whether the impugned order directing reinstatement with full back wages was legally sustainable.
Final Decision
The High Court allowed the writ petition, quashed and set aside the impugned order dated 25 February 2020 passed by the School Tribunal, Mumbai, in Appeal No. 8 of 2019. The Court directed that the amount deposited by the Management towards back wages be refunded to the Management.
Law Points
- Jurisdiction of School Tribunal
- Definition of 'Employee' under M.E.P.S. Act
- 1977
- Part-time teacher on clock-hour basis not covered
- Termination without prior approval not required
- Reinstatement with back wages not justified
