Case Note & Summary
The judgment involves two writ petitions. Writ Petition No. 683 of 2002 was filed by Mrs. Pushpa Surendra Dhaktode challenging the School Tribunal's order dated 13th December 2001 and seeking a direction to appoint her as Head Mistress. However, her counsel submitted that all reliefs except against Ms. Pushpa John had become infructuous. Writ Petition No. 1948 of 2003 was filed by Mr. Vitthal Jankar, a teacher at Versova Welfare Association High School and Junior College, challenging the School Tribunal's order dated 15th February 2003 which allowed the appeal of Ms. Pushpa John. The court noted that the seniority issue between Jankar and John should be decided by the Education Inspector as recorded in the Tribunal's order. The court dismissed both petitions, upholding the Tribunal's orders.
Headnote
A) Education Law - Seniority - Appointment of Head Mistress - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The court considered the validity of appointment of Ms. Pushpa John as Head Mistress and the seniority claim of Mr. Vitthal Jankar. The court held that the appointment was valid and the seniority issue should be decided by the Education Inspector as recorded in the School Tribunal order. (Paras 1-3)
B) Education Law - School Tribunal - Appeal - Jurisdiction - The School Tribunal's order dated 15th February 2003 allowing the appeal of Ms. Pushpa John was upheld. The court found no infirmity in the Tribunal's decision. (Paras 2-3)
Issue of Consideration
Whether the appointment of Ms. Pushpa John as Head Mistress was valid and whether the School Tribunal correctly allowed her appeal; and whether the seniority dispute between Vitthal Jankar and Pushpa John should be decided by the Education Inspector.
Final Decision
Both writ petitions are dismissed. The order of the School Tribunal dated 15th February 2003 allowing the appeal of Ms. Pushpa John is upheld. The seniority issue is to be decided by the Education Inspector as recorded in paragraph 65 of the Tribunal's order.
Law Points
- Seniority determination
- Appointment of Head Mistress
- School Tribunal jurisdiction
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
Case Details
2010 LawText (BOM) (06) 95
Writ Petition No. 683 of 2002 and Writ Petition No. 1948 of 2003
Mr. R. V. Govilkar for Petitioner in WP 683/2002; Mr. R. Shekhawat i/by C.M. Acharya for Petitioner in WP 1948/2003; Mr. S.K.J. Panicker a/w Ms. B. S. Kawle for Respondents; Mr. N. Pandit, AGP for State in WP 683/2002
Mrs. Pushpa Surendra Dhaktode (WP 683/2002); Vitthal Jankar (WP 1948/2003)
The Versova Education Trust and others (WP 683/2002); Versova Education Trust & Ors. (WP 1948/2003)
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Nature of Litigation
Writ petitions challenging orders of the School Tribunal regarding appointment and seniority of teachers.
Remedy Sought
In WP 683/2002, petitioner sought to quash School Tribunal order and direct appointment as Head Mistress. In WP 1948/2003, petitioner sought to quash School Tribunal order allowing appeal of Ms. Pushpa John.
Filing Reason
Dispute over seniority and appointment of Head Mistress in a school run by a trust.
Previous Decisions
School Tribunal, Mumbai passed order dated 13th December 2001 in WP 683/2002 and order dated 15th February 2003 in WP 1948/2003.
Issues
Whether the appointment of Ms. Pushpa John as Head Mistress was valid.
Whether the seniority dispute should be decided by the Education Inspector.
Submissions/Arguments
Petitioner in WP 683/2002 submitted that all reliefs except against Ms. Pushpa John had become infructuous.
Petitioner in WP 1948/2003 submitted that he is senior to Ms. Pushpa John and challenged the Tribunal order allowing her appeal.
Respondents argued that the appointment was valid and seniority should be decided by Education Inspector.
Ratio Decidendi
The appointment of Ms. Pushpa John as Head Mistress was valid and the School Tribunal correctly allowed her appeal. The seniority dispute between Vitthal Jankar and Pushpa John should be decided by the Education Inspector.
Judgment Excerpts
The learned Advocate appearing for Ms. Dhaktode... has at the outset submitted that all the reliefs sought by the Petitioner in the writ petition have become infructuous except the relief sought against Ms. Pushpa John, Respondent no.4 to the petition.
It is further submitted that as far as the issue of seniority is concerned, the same may be decided by the Education Inspector as recorded in paragraph 65 of the order dated 15th February 2003 passed by the Presiding Officer, School Tribunal, Mumbai.
Procedural History
Writ Petition No. 683 of 2002 was filed challenging School Tribunal order dated 13th December 2001. Writ Petition No. 1948 of 2003 was filed challenging School Tribunal order dated 15th February 2003. By order dated 12th June 2003, both petitions were tagged together for hearing. The petitions were heard and disposed of by this judgment.
Acts & Sections
- Bombay Public Trusts Act, 1950:
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977:
