Case Note & Summary
The petitioner, Shri Manchar Shankar Pandit, filed a Writ Petition in the Bombay High Court challenging the order of the School Tribunal dated 15 February 1993. The Tribunal had dismissed the petitioner's appeal without going into the merits, solely on the ground that the Education Officer had already decided the seniority list between the petitioner and Respondent No.3. The petitioner contended that the Tribunal erred in law by refusing to consider the seniority dispute. The High Court, relying on the Division Bench judgment in Umesh Balkrishna Vispute v. State of Maharashtra (2001 (1) Mh.L.J. 486), held that the School Tribunal, while deciding an appeal under Section 9(1) of the Maharashtra Employees of Private Schools Act, 1977, has the jurisdiction to decide ancillary questions including disputes relating to supersession and seniority lists. The Division Bench observed that Section 9(1) opens with a non obstante clause and has overriding effect over Rule 12 of the Rules, and that the finalisation of the seniority list under Rule 12 is not final and conclusive and not binding on the Tribunal. The High Court therefore allowed the petition, set aside the Tribunal's order, and remanded the matter back to the School Tribunal for fresh consideration on merits in accordance with law.
Headnote
A) Education Law - Jurisdiction of School Tribunal - Section 9(1) of the Maharashtra Employees of Private Schools Act, 1977 - The School Tribunal has jurisdiction to decide ancillary questions including disputes relating to seniority and supersession while deciding an appeal under Section 9(1) of the Act, as the provision opens with a non obstante clause and has overriding effect over Rule 12 of the Rules. The Division Bench in Umesh Balkrishna Vispute v. State of Maharashtra held that finalisation of seniority list under Rule 12 is not final and binding on the Tribunal. (Paras 1-2)
Issue of Consideration
Whether the School Tribunal can decide disputes relating to seniority and supersession as incidental questions while deciding an appeal under Section 9(1) of the Maharashtra Employees of Private Schools Act, 1977
Final Decision
Writ Petition allowed. Order of School Tribunal dated 15.2.1993 set aside. Matter remanded to School Tribunal for fresh consideration on merits in accordance with law.
Law Points
- School Tribunal has jurisdiction to decide ancillary questions including seniority disputes under Section 9(1) of the Maharashtra Employees of Private Schools Act
- 1977
- non obstante clause overrides Rule 12 of the Rules
