Case Note & Summary
The petitioner, Anekant Education Society and others, challenged an order dated 5.3.2002 passed by the Presiding Officer, School Tribunal, Pune Region, Pune, which set aside the termination order dated 23/27.3.2001 of respondent No.1, Smt. Tilotama Jitendra Parikee, and directed reinstatement. The petitioner had terminated the services of respondent No.1 due to the closure of the English Primary School run by the society. The school was unrecognized and unauthorized, as per the Education Officer (respondent No.5). The petitioner raised a specific plea before the Tribunal that it lacked jurisdiction under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act) because the school was not recognized. The Tribunal, however, passed the impugned order without addressing this jurisdictional issue. The High Court, while admitting the petition, granted interim stay of the Tribunal's order. The Court noted that the termination letter itself made it clear that the school was being closed down, and the services were terminated as temporary. The Court held that the School Tribunal has no jurisdiction over disputes of employees of unrecognized schools. Relying on the Division Bench decision in Anna Manikrao Pethe v. Presiding Officer, School Tribunal, Amravati and Aurangabad Division, Amravati and ors (1997 (3) Mah L.J. 697), the Court observed that the Tribunal's order was without jurisdiction. Consequently, the High Court allowed the writ petition, quashed the impugned order, and set aside the direction for reinstatement.
Headnote
A) School Law - Jurisdiction of School Tribunal - Unrecognized School - Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The School Tribunal has no jurisdiction to entertain a dispute regarding termination of an employee of an unrecognized school. The termination order itself stated that the school was being closed down, and the school was unauthorized and illegal. The Tribunal failed to consider the jurisdictional issue raised by the petitioner. Held that the order of the Tribunal is without jurisdiction and liable to be set aside. (Paras 3-4)
Issue of Consideration
Whether the School Tribunal has jurisdiction under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 to adjudicate a dispute concerning termination of an employee of an unrecognized school.
Final Decision
The writ petition is allowed. The impugned order dated 5.3.2002 passed by the Presiding Officer, School Tribunal, Pune Region, Pune, is quashed and set aside. The direction for reinstatement is set aside.
Law Points
- Jurisdiction of School Tribunal
- Unrecognized School
- Termination of Services
- Closure of School
- Section 9 MEPS Act
