Case Note & Summary
The case involves three writ petitions filed by the Chairman and Head Master of Shad Adam Shaikh Trust and its school challenging a common order dated 16.10.1995 passed by the School Tribunal, Nasik Region, Nasik. The Tribunal had directed the management to reinstate the respondent teachers (Mushtaq Hussain Ishtiyaque Hussain, Khan Mohammed Jaffar Mustaffa Khan, and Mohammed Salaam Anamul Huq Khan) to their original posts with all attached benefits. The management argued that they were not heard before the order was passed, as stated in paragraph 12 of Writ Petition No.6096/1996. The High Court noted that the writ petitions were admitted and an interim stay was granted on 11 September 2001, which remained in force. However, upon hearing the parties, the Court found that the management failed to demonstrate any perversity or violation of principles of natural justice in the Tribunal's order. The Court observed that the Tribunal had jurisdiction and the order was based on merits. Consequently, the High Court dismissed all three writ petitions, upholding the Tribunal's reinstatement order.
Headnote
A) Service Law - Teacher Termination - Reinstatement - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The School Tribunal directed reinstatement of teachers who were terminated by the management. The management challenged the order on the ground that they were not heard. The High Court held that the management failed to show any perversity in the Tribunal's order and that the Tribunal had jurisdiction to pass the reinstatement order. The writ petitions were dismissed. (Paras 2-4)
Issue of Consideration
Whether the School Tribunal's order directing reinstatement of the teachers was valid and whether the management was heard before the order was passed.
Final Decision
All three writ petitions are dismissed. The impugned order of the School Tribunal dated 16.10.1995 directing reinstatement of the teachers is upheld. The interim stay granted earlier stands vacated.
Law Points
- Natural justice
- right to hearing
- reinstatement of teachers
- school tribunal jurisdiction
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
Case Details
2012 LawText (BOM) (07) 131
Writ Petition No. 6096 of 1996, Writ Petition No. 1023 of 2000, Writ Petition No. 1027 of 2000
Mr. Lancy D'souza i/by Mr. V. N. Parkar for the petitioner; Mr. A.D. Kango, AGP for respondents 1 to 3; Mr. Makarand Kale i/by Mr. M.P. Vashi & Associates for Respondent No.4 in W.P./1027/2000
Chairman, Shad Adam Shaikh Trust and Head Master, Shad Adam Shaikh Technical High School and Junior College
Director of Vocational Education and Training, Presiding Officer, School Tribunal, State of Maharashtra, and the individual teachers (Mushtaq Hussain Ishtiyaque Hussain, Khan Mohammed Jaffar Mustaffa Khan, Mohammed Salaam Anamul Huq Khan)
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Nature of Litigation
Writ petitions challenging the order of the School Tribunal directing reinstatement of teachers.
Remedy Sought
The petitioners (management) sought to quash the School Tribunal's order dated 16.10.1995 directing reinstatement of the respondent teachers.
Filing Reason
The management claimed they were not heard before the Tribunal passed the reinstatement order.
Previous Decisions
The School Tribunal, Nasik Region, Nasik passed an order on 16.10.1995 directing reinstatement of the teachers. This Court stayed the order on 11 September 2001 in Writ Petition Nos.1023/2000 and 1027/2000.
Issues
Whether the School Tribunal's order directing reinstatement of teachers was valid.
Whether the management was afforded a hearing before the Tribunal passed the order.
Submissions/Arguments
The petitioner/management argued that they were not heard when the order was passed, as pointed out in paragraph 12 of Writ Petition No.6096/1996.
The respondents (State and teachers) supported the Tribunal's order.
Ratio Decidendi
The management failed to show any perversity or violation of principles of natural justice in the School Tribunal's order. The Tribunal had jurisdiction to pass the reinstatement order, and the management's challenge was without merit.
Judgment Excerpts
By this common judgment, all the above Writ Petitions are being disposed of since they arise out of a common impugned judgment passed by the School Tribunal, Nasik.
The Petitioner/management has challenged the impugned order passed by the School Tribunal, Nasik Region, Nasik dated 16.10.1995 whereby they have been directed to reinstate all these Appellants on their original posts and further directed to give benefits attached to it.
Apart from going to the merits of the matter, the learned counsel appearing for the Petitioner pointed out paragraph 12 in Writ Petition No.6996/1996 and submits that they have not been heard when the order was passed.
Procedural History
The School Tribunal, Nasik Region, Nasik passed an order on 16.10.1995 directing reinstatement of the teachers. The management filed Writ Petition No.6096 of 1996 challenging the order. Subsequently, Writ Petition Nos.1023 of 2000 and 1027 of 2000 were also filed. This Court admitted the latter two petitions and granted an interim stay on 11 September 2001. All three petitions were heard together and disposed of by this common judgment on 6 July 2012.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977:
