Case Note & Summary
The judgment concerns two writ petitions filed by a group of Assistant Teachers working in various Ashram Schools in Maharashtra. The petitioners were appointed as Assistant Teachers in schools run by private managements but aided by the State. Their services were terminated by the respective school managements without any prior notice, show cause notice, or opportunity of hearing. The petitioners challenged these termination orders before the Bombay High Court, Aurangabad Bench, primarily on the ground that the terminations violated the principles of natural justice and the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (M.E.P.S. Act). The respondents, including the State of Maharashtra and the school managements, opposed the petitions, arguing that the petitioners had an alternative remedy under the M.E.P.S. Act and that the terminations were justified due to the petitioners' alleged misconduct or unsatisfactory performance. The court examined the facts and found that the termination orders were passed without any inquiry or compliance with the mandatory procedure under the M.E.P.S. Act, which requires prior approval of the competent authority and an opportunity of hearing. The court held that the terminations were in gross violation of natural justice and the statutory provisions. The court further held that the existence of an alternative remedy is not an absolute bar to the maintainability of a writ petition when the impugned order is patently illegal or violates fundamental rights. Consequently, the court allowed both writ petitions, set aside the termination orders, and directed the respondents to reinstate the petitioners with continuity of service and 50% back wages. The court also directed that the petitioners be treated as continuing in service for all purposes, including seniority and pensionary benefits.
Headnote
A) Service Law - Termination - Natural Justice - Violation of M.E.P.S. Act, 1977 - Petitioners were Assistant Teachers in Ashram Schools whose services were terminated by the respondent schools without any notice or opportunity of hearing - The court held that the termination orders were passed in gross violation of principles of natural justice and the provisions of the M.E.P.S. Act, 1977, which require prior approval and compliance with Section 5 and Section 7 - The court set aside the termination orders and directed reinstatement with continuity of service and 50% back wages (Paras 1-10). B) Service Law - Alternative Remedy - Writ Jurisdiction - Maintainability - The respondents argued that the petitioners had an alternative remedy under the M.E.P.S. Act, 1977 - The court held that when termination is in violation of natural justice and fundamental rights, the existence of an alternative remedy is not an absolute bar to maintainability of a writ petition (Paras 5-8).
Issue of Consideration
Whether the termination of the petitioners from their posts as Assistant Teachers in Ashram Schools without following the procedure under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and without giving opportunity of hearing is legal and valid.
Final Decision
Both writ petitions are allowed. The termination orders are quashed and set aside. The respondents are directed to reinstate the petitioners with continuity of service and 50% back wages. The petitioners shall be treated as continuing in service for all purposes including seniority and pensionary benefits.
Law Points
- Natural justice
- opportunity of hearing
- termination without notice
- violation of M.E.P.S. Act
- 1977
- Section 5
- Section 7
- Section 9
- writ jurisdiction
- alternative remedy not bar when fundamental rights violated
