Case Note & Summary
The petitioner, a teacher at an unaided school not receiving any aid or grants from the government, filed an appeal before the Additional School Tribunal, Navi Mumbai, against her termination. The Tribunal dismissed the appeal on the ground that it lacked jurisdiction to entertain appeals from teachers of unaided schools. The petitioner challenged this order by way of a writ petition before the Bombay High Court. The court noted that the issue had been settled by a Division Bench in Latika Rajaram Mane v. State of Maharashtra and a Single Judge in Deepa Jain v. Principal, The Cathedral and John Connon School, both holding that appeals by teachers of unaided schools are maintainable under Section 9 of the MEPS Act. The respondent school argued that those decisions were passed sub silentio as the crucial submission regarding recognition under Sections 18 and 19 of the RTE Act was not considered. However, the court found that the school was recognized under the Bombay Primary Education Act, 1947, and thus fell within the ambit of the RTE Act. The court held that the Tribunal had jurisdiction and set aside the impugned order, remanding the matter for hearing on merits.
Headnote
A) Education Law - Jurisdiction of School Tribunal - Maintainability of Appeal - Section 9 of Maharashtra Employees of Private Schools (Condition of Service) Act, 1977 (MEPS Act) read with Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) - The issue was whether a teacher of an unaided school not receiving any aid or grants can appeal to the School Tribunal. The court, following earlier decisions, held that such appeals are maintainable under Section 9 of the MEPS Act, as the RTE Act applies to all recognized schools, including unaided ones, and the definition of 'school' under MEPS Act includes unaided schools. (Paras 4-5)
Issue of Consideration
Whether the School Tribunal under Section 9 of the Maharashtra Employees of Private Schools (Condition of Service) Act, 1977 has jurisdiction to entertain appeals by teachers of unaided schools not receiving any aid or grants from the government or local authority.
Final Decision
The court allowed the writ petition, set aside the impugned order of the Tribunal, and remanded the matter to the Tribunal for hearing on merits in accordance with law.
Law Points
- Jurisdiction of School Tribunal
- Maintainability of appeal by teacher of unaided school
- Interpretation of Section 9 of MEPS Act
- Applicability of RTE Act to unaided schools
Case Details
2014 LawText (BOM) (11) 43
Writ Petition No.1773 of 2013
V. P. Patankar for Petitioner, A. G. Kothari for Respondent Nos. 1 and 2, Prashant Kamble i/b. A. S. Rao for Respondent No. 3
The Chairman / Secretary, The Rural Educational & Medical Society India & Ors.
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Nature of Litigation
Writ petition challenging the order of the Additional School Tribunal, Navi Mumbai, which held that it has no jurisdiction to entertain appeals by teachers of unaided schools not receiving any aid or grants.
Remedy Sought
Petitioner sought to set aside the Tribunal's order and to have her appeal heard on merits.
Filing Reason
The Tribunal dismissed the petitioner's appeal on the ground of lack of jurisdiction.
Previous Decisions
The Additional School Tribunal, Navi Mumbai, by judgment and order dated 29 October 2012 in Appeal No.6 of 2012, held that it has no jurisdiction to entertain appeals by teachers of unaided schools not receiving any aid or grants.
Issues
Whether the School Tribunal has jurisdiction under Section 9 of the MEPS Act to entertain appeals by teachers of unaided schools not receiving any aid or grants from the government or local authority.
Submissions/Arguments
Petitioner argued that the issue is covered by the decisions in Latika Rajaram Mane and Deepa Jain, which held that such appeals are maintainable.
Respondent school argued that those decisions were passed sub silentio because the crucial submission regarding recognition under Sections 18 and 19 of the RTE Act was not considered, and the school was not recognized under those sections.
Ratio Decidendi
The School Tribunal has jurisdiction under Section 9 of the MEPS Act to entertain appeals by teachers of unaided schools not receiving any aid or grants, as the RTE Act applies to all recognized schools, including unaided ones, and the definition of 'school' under the MEPS Act includes unaided schools.
Judgment Excerpts
This petition is directed against the judgment and order dated 29 October 2012 in Appeal No.6 of 2012 made by the Additional School Tribunal, Navi Mumbai (Tribunal) holding that it has no jurisdiction to entertain appeals made by teachers of unaided schools not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority.
Procedural History
The petitioner filed an appeal before the Additional School Tribunal, Navi Mumbai, which was dismissed on 29 October 2012 for lack of jurisdiction. The petitioner then filed the present writ petition before the Bombay High Court.
Acts & Sections
- Maharashtra Employees of Private Schools (Condition of Service) Act, 1977: Section 9
- Right of Children to Free and Compulsory Education Act, 2009: Sections 18, 19
