Case Note & Summary
The petitioner, Babruwan Venkatrao Jadhav, was appointed as an assistant teacher in Shivaji Vidyalaya, Handarguli, a private aided school run by Kisan Shikshan Prasarak Mandal, Udgir. He joined on 1st July 2008. On 30th June 2009, the Head Master of the school issued a letter terminating his services with immediate effect, without any notice or opportunity of hearing. The petitioner challenged this termination by filing a writ petition under Article 226 of the Constitution of India. The petitioner contended that the termination was illegal as it violated principles of natural justice and also contravened Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act), which requires prior approval of the Education Officer before terminating a teacher. The respondents, including the State of Maharashtra and the school management, argued that the petitioner was a temporary employee and his services were terminated during the probation period. The court examined the facts and found that the termination was indeed without any notice or hearing and no approval under Section 5 of the MEPS Act was obtained. The court held that the termination was illegal and set it aside. The court directed the respondents to reinstate the petitioner with continuity of service and full back wages from the date of termination till reinstatement. The court also directed that the petitioner be paid his salary regularly every month. The writ petition was allowed with costs.
Headnote
A) Service Law - Termination of Teacher - Natural Justice - Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Petitioner was appointed as assistant teacher in a private aided school and his services were terminated without any notice or opportunity of hearing and without obtaining approval from the Education Officer as required under Section 5 of the MEPS Act - Held that termination is illegal and set aside, with direction to reinstate with continuity of service and back wages (Paras 1-6).
Issue of Consideration
Whether the termination of the petitioner as an assistant teacher by the management of a private aided school without affording an opportunity of hearing and without obtaining prior approval under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 is valid.
Final Decision
The writ petition is allowed. The termination order dated 30th June 2009 is quashed and set aside. The respondents are directed to reinstate the petitioner with continuity of service and full back wages from the date of termination till reinstatement. The petitioner shall be paid his salary regularly every month. Rule made absolute with costs.
Law Points
- Natural justice
- Termination without hearing
- Approval under Section 5 of MEPS Act
- 1977
- Private aided school
- Assistant teacher
