Case Note & Summary
The petitioner, Sharda Nandeshwar, was appointed as an Assistant Teacher by the respondent-management of Mahatma Jyotiba Phule Vidyalaya, Bhandarbodi, for the session 1992-93 on a temporary basis with effect from 19-11-1992. Her appointment was approved by the Education Officer (Secondary), Zilla Parishad, Nagpur, by order dated 3-6-1993. However, by notice dated 3-4-1993, her services were terminated with effect from 5-4-1993 under Rule 28(1) of the MEPS Rules. She challenged the termination before the School Tribunal, Nagpur, in Appeal No. STN/243 of 1993 under Section 9 of the MEPS Act. The School Tribunal dismissed her appeal, holding that her appointment was temporary and not approved. The petitioner then filed a writ petition in the Bombay High Court. The High Court examined the provisions of Section 5(1) of the MEPS Act, which states that every employee appointed in a private school shall be deemed to be permanent if his appointment is approved by the Education Officer. The court found that the petitioner's appointment was indeed approved by the Education Officer, and thus she acquired deemed permanent status. Consequently, her termination without following the procedure under Section 5(2) of the MEPS Act, which requires notice and opportunity of hearing, was illegal. The High Court set aside the School Tribunal's order and the termination notice, directing the respondents to reinstate the petitioner with continuity of service and back wages.
Headnote
A) Service Law - Deemed Permanent Status - Section 5(1) MEPS Act, 1977 - Appointment for one session with approval of Education Officer - The petitioner was appointed as Assistant Teacher for the session 1992-93 with approval of the Education Officer. The School Tribunal held her appointment as temporary and dismissed her appeal. The High Court held that the approval of appointment by the Education Officer under Section 5(1) creates a deemed permanent status, and the termination without following Section 5(2) is illegal. (Paras 1-10) B) Service Law - Termination - Section 5(2) MEPS Act, 1977 - Termination without notice or inquiry - The petitioner's services were terminated by notice dated 3-4-1993 with effect from 5-4-1993 under Rule 28(1) of MEPS Rules. The High Court held that once deemed permanent status is acquired, termination can only be in accordance with Section 5(2) which requires notice and opportunity of hearing. (Paras 5-10) C) Service Law - Perverse Finding - School Tribunal's finding that appointment was temporary - The School Tribunal's finding that the petitioner's appointment was temporary and not approved was held perverse by the High Court as the record showed approval by the Education Officer. (Paras 6-8)
Issue of Consideration
Whether the petitioner, appointed as an Assistant Teacher on temporary basis for one session with approval of the Education Officer, acquired deemed permanent status under Section 5(1) of the MEPS Act, and whether her termination without following the procedure under Section 5(2) was illegal.
Final Decision
The High Court allowed the writ petition, set aside the judgment of the School Tribunal dated 18-4-2001 and the termination notice dated 3-4-1993. The respondents were directed to reinstate the petitioner with continuity of service and back wages.
Law Points
- Deemed permanent status under Section 5(1) MEPS Act
- Temporary appointment cannot be terminated without following Section 5(2) procedure
- Approval of appointment by Education Officer is crucial
- School Tribunal's finding of temporary appointment perverse
