Case Note & Summary
The petitioners, The Cooperative Education Society and Nagpur Night High School, challenged the judgment and order dated 25th November 2013 passed by the School Tribunal in Appeal No. STN/20/2007. The High Court observed that the impugned order did not consider the rival contentions in the light of statutory provisions, a fact not disputed by either party. Consequently, the writ petition was allowed, the Tribunal's order was quashed, and the matter was remanded for fresh adjudication. The Tribunal was directed to decide the appeal afresh after considering the rival submissions and testing them on the provisions of law, within six months from the date of first appearance of the parties, who were directed to appear on 24th February 2015. No order as to costs.
Headnote
A) Education Law - School Tribunal - Remand - Failure to Consider Statutory Provisions - The School Tribunal passed an order without considering the rival contentions in the light of statutory provisions - The High Court quashed the order and remanded the matter for fresh consideration - Held that the Tribunal must decide the appeal afresh after testing submissions on provisions of law (Paras 2-3).
Issue of Consideration
Whether the School Tribunal's order dated 25th November 2013 in Appeal No. STN/20/2007 was sustainable when it failed to consider rival contentions in light of statutory provisions.
Final Decision
The writ petition is allowed. The judgment and order dated 25th November 2013 passed in Appeal No. STN/20/2007 is quashed and set aside. The School Tribunal is directed to decide the appeal afresh after taking into consideration the rival submissions which are to be tested on the provisions of law. The Tribunal to decide the matter within six months from the date of first appearance of the parties before it. The parties to appear before the Tribunal on 24th February 2015. Rule made absolute in these terms. No order as to costs.
Law Points
- Duty of Tribunal to consider rival contentions in light of statutory provisions
- Remand for fresh consideration
