Case Note & Summary
The judgment involves three writ petitions filed by employees of private schools challenging orders of the School Tribunal or seeking relief against termination of services. The petitioners were Sanjay Lalbahadur Divedi, Wasudeo Pundlik Wairagade, and Santoshkumar Bhanudas Dhaye. They had approached the High Court directly without exhausting the remedy of appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. The court noted that the School Tribunal has exclusive jurisdiction to adjudicate disputes regarding termination of services of employees of private schools. The court held that the remedy of appeal under Section 9 of the Act must be exhausted before invoking writ jurisdiction. The court dismissed all three writ petitions, directing the petitioners to avail the remedy of appeal before the School Tribunal. The court did not express any opinion on the merits of the cases.
Headnote
A) Service Law - School Tribunal - Jurisdiction - Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The School Tribunal has exclusive jurisdiction to adjudicate disputes regarding termination of services of employees of private schools. The remedy of appeal under Section 9 of the Act must be exhausted before invoking writ jurisdiction. (Paras 1-10) B) Constitutional Law - Writ Jurisdiction - Alternative Remedy - The High Court should not entertain writ petitions when an efficacious alternative remedy of appeal is available under the statute. The court held that the petitioners must first exhaust the remedy of appeal before the School Tribunal before approaching the High Court under Article 226. (Paras 1-10)
Issue of Consideration
Whether the High Court should entertain writ petitions challenging orders of the School Tribunal under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, when the petitioners have an alternative remedy of appeal under Section 9 of the Act.
Final Decision
All three writ petitions were dismissed. The court held that the petitioners must exhaust the remedy of appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 before the School Tribunal before approaching the High Court under Article 226. The court did not express any opinion on the merits of the cases.
Law Points
- Exhaustion of alternative remedy
- Jurisdiction of School Tribunal
- Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
- Maintainability of writ petition
