Case Note & Summary
The petitioner, Bhagwan S/o Damaji Dongre, was appointed as an Assistant Teacher in Netaji Subhash Vidyalaya, Pathri, a private aided school run by Netaji Subhash Shikshan Sanstha. He served from 1982 until his services were terminated by the management on 30th June 2014 without any prior notice or approval from the Education Officer. The petitioner challenged the termination by filing a writ petition before the Bombay High Court, Aurangabad Bench. The respondents, including the State of Maharashtra, Education Officer, and the school management, opposed the petition, arguing that the petitioner had an alternative remedy under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act) and that the termination was justified due to alleged misconduct. The court examined the provisions of Section 5 of the MEPS Act, which requires prior approval of the Education Officer for any termination of a teacher in a private aided school. The court found that the termination was effected without any such approval, making it illegal and void ab initio. The court rejected the argument of alternative remedy, holding that when an order is patently illegal, the High Court can intervene under Article 226. The court allowed the writ petition, quashed the termination order, and directed the respondents to reinstate the petitioner with continuity of service and full back wages from the date of termination until reinstatement. The court also directed that the arrears be paid within three months.
Headnote
A) Service Law - Termination - Prior Approval - Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The petitioner, an Assistant Teacher in a private aided school, was terminated without prior approval of the Education Officer. The court held that such termination is illegal and void ab initio as Section 5 mandates prior approval. The court directed reinstatement with continuity of service and full back wages. (Paras 1-10) B) Service Law - Alternative Remedy - Writ Jurisdiction - The court held that when an order is patently illegal and without jurisdiction, the existence of an alternative remedy does not bar the High Court from exercising its writ jurisdiction under Article 226 of the Constitution of India. (Para 9)
Issue of Consideration
Whether the termination of the petitioner's services as an Assistant Teacher by the management of a private aided school without obtaining prior approval of the Education Officer under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 is legal and valid.
Final Decision
The writ petition is allowed. The termination order dated 30th June 2014 is quashed and set aside. The respondents are directed to reinstate the petitioner with continuity of service and full back wages from the date of termination till reinstatement. The arrears shall be paid within three months.
Law Points
- Termination without prior approval is void
- Section 5 MEPS Act mandatory
- reinstatement with back wages
- no need to exhaust alternative remedy when termination is void
