Case Note & Summary
The petitioner, Shaikh Wasim Shaikh Salim, was appointed as an Assistant Teacher in Hazi Leookman Urdu Primary School, run by respondent No.1 society, which is a linguistic and religious minority institution. His services were terminated with effect from 24.07.2016 without any prior notice or inquiry. Aggrieved, he filed an appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act) before the School Tribunal, Nashik, which dismissed his appeal. The petitioner then filed a writ petition before the Bombay High Court challenging the termination and the Tribunal's order. The court heard the counsel for the petitioner, the management, and the Education Officer. The court found that the termination was effected without following any procedure, without issuing a show cause notice, and without conducting any inquiry, which is a clear violation of principles of natural justice. The court held that even minority institutions are bound to follow the provisions of the MEPS Act and the principles of natural justice. The court set aside the termination order and the Tribunal's order, and directed the management to reinstate the petitioner with continuity of service and back wages from the date of termination till reinstatement, subject to the petitioner's willingness to join. The court also directed that the petitioner be paid 50% of the back wages within three months.
Headnote
A) Service Law - Termination of Teacher - Natural Justice - Section 9 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Petitioner was appointed as Assistant Teacher in a minority school and his services were terminated w.e.f. 24.07.2016 without any inquiry or show cause notice - The School Tribunal dismissed his appeal - Held that termination without following principles of natural justice is illegal and the order of termination is set aside (Paras 1-10).
Issue of Consideration
Whether the termination of the petitioner's services by the respondent management without following due procedure of law and the subsequent dismissal of his appeal by the School Tribunal is sustainable in law.
Final Decision
The court allowed the writ petition, set aside the termination order dated 24.07.2016 and the order of the School Tribunal, and directed the management to reinstate the petitioner with continuity of service and back wages at 50% from the date of termination till reinstatement, payable within three months.
Law Points
- Termination without inquiry is illegal
- Natural justice must be followed even for minority institutions
- Section 9 of MEPS Act provides remedy against termination
- Minority status does not exempt from compliance with service conditions
