Case Note & Summary
The case involves a writ petition filed by the Management of Dwaraka Bahu Uddeshiya Gramin Vikas Foundation and Shri Navnath Secondary School challenging two orders of the School Tribunal, Amravati. The first order dated 21-6-2008 partly allowed the appeal of the employee, Satishkumar Rambhau Jumade, setting aside his termination but refusing reinstatement on the ground that the school was closed, instead directing the Education Officer to include his name in the list of surplus staff under Rule 25A of the MEPS Rules and awarding 50% back wages. The second order dated 20-3-2009 was passed on a review application filed by the employee, by which the Tribunal reviewed its earlier order and directed reinstatement of the employee with full back wages, declaring the termination illegal and void. The Management contended that the School Tribunal had no power to review its own order under the MEPS Act. The High Court examined the provisions of the MEPS Act, particularly Section 12, which deals with the powers of the Tribunal. The Court held that the Tribunal has inherent power to review its own order to correct a mistake or error apparent on the face of the record, as the Act does not expressly or impliedly exclude such power. The Court noted that the earlier order refusing reinstatement was based on the mistaken belief that the school was closed, but the review application demonstrated that the school was still functioning. Therefore, the Tribunal was justified in reviewing its order and directing reinstatement. The High Court dismissed the writ petition, upholding both orders of the School Tribunal.
Headnote
A) Education Law - School Tribunal - Power of Review - Section 12 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The School Tribunal has the inherent power to review its own order to correct a mistake or error apparent on the face of the record, as the Act does not expressly or impliedly bar such power. The Tribunal's review order directing reinstatement of the employee was upheld. (Paras 3-5) B) Education Law - Termination of Service - Illegal Termination - Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Termination of an employee without prior approval of the Education Officer is illegal and void. The School Tribunal rightly set aside the termination and directed reinstatement. (Para 1) C) Education Law - Surplus Staff - Absorption - Rule 25A of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 - When a school is closed, the employee is entitled to be included in the list of surplus staff for absorption in other schools. The Tribunal's direction to the Education Officer to include the employee's name in the surplus list was upheld. (Para 1)
Issue of Consideration
Whether the School Tribunal has the power to review its own order under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, and whether the order of reinstatement passed in review is valid despite the closure of the school.
Final Decision
The High Court dismissed the writ petition, upholding both the original order dated 21-6-2008 and the review order dated 20-3-2009 passed by the School Tribunal.
Law Points
- School Tribunal has power to review its own order
- Section 12 of MEPS Act does not bar review
- Rule 25A of MEPS Rules provides for absorption of surplus staff
- termination without prior approval is illegal
