Case Note & Summary
The petitioner, Madhukar Bijaramji Sawarkar, as Secretary and Chief Executive Officer of Pipla Education Society, challenged an order dated 23.4.1990 passed by the Director of Education (respondent no.1) directing reinstatement of respondent no.3, Dharmaji Chintaman Karvekar, who was the Head Master of Vikas Vidyalaya, a school run by the petitioner's society. The respondent no.3 was appointed on 17.3.1988 and a charge sheet was served on him. Before any final action could be taken in the departmental enquiry, the Director of Education, in exercise of powers under Section 3 of the Maharashtra Educational Institutions (Management) Act, 1976, appointed an Administrator (Deputy Education Officer Mr. Marathe) to manage the school. The Administrator terminated the services of respondent no.3 on 10.4.1989. Respondent no.3 filed an appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act) before the Director of Education, who allowed the appeal and ordered reinstatement. The petitioner contended that the Director of Education had no jurisdiction to entertain the appeal because the termination was by an Administrator appointed under the Management Act, not by the management of the school. The court examined the scheme of both Acts and held that the Administrator is a statutory authority and not the 'management' as defined under the MEPS Act. Therefore, an appeal under Section 9 of the MEPS Act does not lie against an order of the Administrator. The court quashed the Director's order and allowed the writ petition, holding that the remedy against the Administrator's order is by way of a writ petition under Article 226 of the Constitution.
Headnote
A) Education Law - Jurisdiction of Director of Education - Appeal under Section 9 of MEPS Act - Termination by Administrator under Section 3 of Management Act - The Director of Education has no jurisdiction to entertain an appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 against an order of termination passed by an Administrator appointed under Section 3 of the Maharashtra Educational Institutions (Management) Act, 1976, as the Administrator is not the 'management' of the school but a statutory authority. The appeal lies only against orders of the management. (Paras 1-10) B) Education Law - Administrator under Section 3 of Management Act - Status and Powers - An Administrator appointed under Section 3 of the Maharashtra Educational Institutions (Management) Act, 1976 is a statutory authority exercising powers of management, but his orders are not subject to appeal under Section 9 of the MEPS Act. The remedy against such orders is by way of a writ petition under Article 226 of the Constitution. (Paras 5-10) C) Education Law - Termination of Services - Validity - The termination of the respondent no.3 by the Administrator on 10.4.1989 was valid and the Director of Education erred in setting it aside and ordering reinstatement. The impugned order dated 23.4.1990 is quashed and set aside. (Paras 1-10)
Issue of Consideration
Whether the Director of Education had jurisdiction under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 to entertain an appeal against an order of termination passed by an Administrator appointed under Section 3 of the Maharashtra Educational Institutions (Management) Act, 1976.
Final Decision
The court allowed the writ petition, quashed the order dated 23.4.1990 passed by the Director of Education, and held that the Director had no jurisdiction to entertain the appeal under Section 9 of the MEPS Act against the termination order passed by the Administrator appointed under Section 3 of the Management Act.
Law Points
- Jurisdiction of Director of Education under Section 9 of MEPS Act is limited to appeals against orders of management
- not against orders of Administrator appointed under Section 3 of Management Act
- 1976
- Termination by Administrator is an act of statutory authority
- not of management
- Appeal under Section 9 of MEPS Act not maintainable against Administrator's order
- Administrator's order can be challenged only by way of writ petition under Article 226 of Constitution
