Case Note & Summary
The petitioner, Jayashri Manohar Kale, filed a writ petition challenging a communication from Respondent No.6 rejecting her request to continue as a teacher in the Deaf and Dumb School. She had completed her Secondary School Certificate examination in 1989 and was admitted to the Diploma in Education for Hearing Impaired (D.Ed.H.I.) at Swami Samartha Mookbadhir Adhyapak Vidyalaya, Solapur. After successfully completing the diploma, she was appointed as a special teacher in the Resident Deaf and Dumb school conducted by Respondent No.6. Subsequently, the Rehabilitation Council of India, established after the petitioner completed her D.Ed.H.I., withdrew the recognition granted to the institution from which she obtained her diploma. Some teachers and a union of ex-students filed writ petitions in the Bombay High Court, which were allowed by a Division Bench on 25.7.2000 in Writ Petition No.2858 of 2000. The petitioner contended that she was entitled to the benefit of that judgment and should be allowed to continue in service. The court, after hearing the parties, held that the petitioner was entitled to the benefit of the earlier judgment. The court directed the respondents to allow the petitioner to continue in service and to consider her for regularisation if she possessed the requisite qualifications. The petition was disposed of accordingly.
Headnote
A) Service Law - Continuation in Service - Benefit of Earlier Judgment - The petitioner, a special teacher in a Deaf and Dumb school, sought to continue in service after the Rehabilitation Council of India withdrew recognition of the institution where she obtained her D.Ed.H.I. The court held that the petitioner was entitled to the benefit of the earlier Division Bench judgment in Writ Petition No.2858 of 2000, which protected teachers who had completed their training before the withdrawal of recognition. The court directed the respondents to allow the petitioner to continue in service and consider her for regularisation if she possessed the requisite qualifications. (Paras 1-3)
Issue of Consideration
Whether the petitioner is entitled to the benefit of the judgment in Writ Petition No.2858 of 2000 and continue in service as a special teacher despite the withdrawal of recognition of the institution from which she obtained her diploma.
Final Decision
The court allowed the writ petition and directed the respondents to allow the petitioner to continue in service as a special teacher in the Deaf and Dumb school. The respondents were also directed to consider the petitioner for regularisation if she possessed the requisite qualifications.
Law Points
- Benefit of earlier judgment
- continuation in service
- withdrawal of recognition
- Rehabilitation Council of India Act
- 1992
