Case Note & Summary
The judgment pertains to a batch of writ petitions filed by teachers employed in a private aided school (Vinay Shikshan Santha, Aurangabad) challenging their termination of services. The petitioners were appointed as teachers in the school run by respondent No.4, which is a private aided institution. The school terminated their services without obtaining prior approval from the Education Officer as required under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (M.E.P.S. Act). The petitioners contended that the termination was illegal and violative of the Act and principles of natural justice. The respondents argued that the petitioners were not employees of the school as they were appointed without following proper procedure and that the school was not bound to obtain approval. The court analyzed the provisions of Section 5 of the M.E.P.S. Act, which mandates that no employee of a private school shall be dismissed, removed, or reduced in rank without prior approval of the Education Officer. The court held that the requirement of prior approval is mandatory and any termination without such approval is void ab initio. The court also noted that the petitioners were not given any show cause notice or opportunity of hearing before termination, violating principles of natural justice. Consequently, the court set aside the termination orders and directed reinstatement of the petitioners with continuity of service. However, considering the facts and circumstances, the court did not grant full back wages but left it open for the petitioners to claim back wages in appropriate proceedings. The court also directed that the petitioners be treated as continuing in service for all purposes except back wages.
Headnote
A) Service Law - Termination of Services - Prior Approval - Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Termination of teachers by private aided school without prior approval of Education Officer is illegal and void ab initio - Held that the requirement of prior approval under Section 5 is mandatory and any termination without such approval is unsustainable (Paras 10-15). B) Natural Justice - Opportunity of Hearing - Termination of Services - Petitioners were not given any show cause notice or opportunity of hearing before termination - Held that termination orders passed in violation of principles of natural justice are liable to be set aside (Paras 10-15). C) Service Law - Reinstatement and Back Wages - Termination set aside - Petitioners entitled to reinstatement with continuity of service but not full back wages - Held that in the facts and circumstances, back wages from the date of termination till reinstatement are not granted, but continuity of service is directed (Paras 16-18).
Issue of Consideration
Whether the termination of services of the petitioners by the respondent-school without obtaining prior approval of the Education Officer under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 is valid and whether the petitioners are entitled to reinstatement with continuity of service and back wages.
Final Decision
The court allowed the writ petitions, set aside the termination orders, and directed reinstatement of the petitioners with continuity of service. Back wages were not granted, but petitioners were given liberty to claim back wages in appropriate proceedings.
Law Points
- Natural Justice
- Prior Approval Requirement
- Termination of Services
- Private Aided School
- Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
