Case Note & Summary
The petitioner, Dinkar Sitaram Jadhav, was appointed as an Assistant Teacher at Shri Sant Gulab Baba Vidyalaya, a school run by Shri Dattatraya Shikshan Sanstha, on 28.08.1996. He taught students of Std. V to VII in the Middle School. On 20.06.2005, his services were terminated. He filed Appeal No. 19 of 2005 before the School Tribunal, Amravati, under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act). The School Tribunal dismissed the appeal on 03.08.2007, holding that the petitioner failed to establish that he possessed the requisite qualifications of H.S.C. and D.Ed., and that there was no workload of Craft Teacher available in the school. The petitioner challenged this order in the Bombay High Court. The High Court noted that there was no dispute that the petitioner's appointment was made following the procedure under the MEPS Act and Rules. The petitioner had rendered more than 9 years of service teaching Std. V to VII. The court observed that if the findings on qualification and workload were set aside, the petitioner would be entitled to reinstatement with continuity of service. Since the School Tribunal had not addressed the issue of backwages, the matter would need to be remanded for that purpose. The court set aside the impugned judgment and order, allowed the writ petition, and directed the School Tribunal to decide the appeal afresh on the question of backwages only, after giving an opportunity of hearing to both parties. The court clarified that the findings on qualification and workload were set aside, and the petitioner was entitled to reinstatement with continuity of service.
Headnote
A) Service Law - Termination of Teacher - Qualification - Petitioner appointed as Assistant Teacher following procedure under MEPS Act and Rules - School Tribunal held petitioner failed to establish possession of H.S.C. and D.Ed. qualifications - Court set aside finding, noting petitioner had rendered more than 9 years service teaching Std. V to VII - Held that long service raises presumption of qualification (Paras 1-3). B) Service Law - Workload - Craft Teacher - School Tribunal held no workload available for Craft Teacher - Court set aside finding, noting petitioner taught Std. V to VII for over 9 years - Held that actual teaching demonstrates workload existence (Paras 1-3). C) Service Law - Reinstatement and Backwages - If findings on qualification and workload are set aside, petitioner entitled to reinstatement with continuity - School Tribunal not addressed backwages - Matter remanded for backwages determination (Paras 2-3).
Issue of Consideration
Whether the School Tribunal erred in holding that the petitioner was not possessing the requisite qualification of H.S.C. and D.Ed. and that there was no workload of Craft Teacher available in the school.
Final Decision
The writ petition is allowed. The impugned judgment and order dated 03.08.2007 passed by the School Tribunal, Amravati, in Appeal No. 19 of 2005 is set aside. The matter is remitted back to the School Tribunal to decide the appeal afresh only on the question of backwages, after giving an opportunity of hearing to both the parties. The petitioner is entitled to reinstatement with continuity of service.
Law Points
- Qualification for appointment as Assistant Teacher under MEPS Rules
- Workload requirement for Craft Teacher
- Reinstatement with continuity of service
- Backwages determination by School Tribunal
