Case Note & Summary
The petitioners, Andheri Education Society and Seth M.A. High School, challenged the judgment and order dated 16 October 2015 passed by the learned Presiding Officer, School Tribunal, Mumbai, which allowed the appeal filed by respondent no.1, Sherly Paul, under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act). The Tribunal set aside the termination order dated 14 July 2014 and directed the petitioners to reinstate respondent no.1 as Headmistress with continuity of service and back wages from the date of termination till reinstatement within three months. The petitioners, being the management of the school, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking quashing of the Tribunal's order. The respondent no.1 was employed as Headmistress in the petitioner no.2 school. Her services were terminated by an order dated 14 July 2014 without obtaining prior approval of the Education Officer as required under Section 9(2) of the MEPS Act. The respondent no.1 challenged the termination before the School Tribunal, which allowed her appeal. The petitioners contended that the Tribunal erred in granting back wages and that the termination was justified. The respondent no.1 argued that the termination was void for want of prior approval. The court held that the requirement of prior approval under Section 9(2) is mandatory and the termination without such approval is void ab initio. The court found no infirmity in the Tribunal's order and dismissed the petition, upholding the reinstatement and back wages.
Headnote
A) Service Law - Termination - Prior Approval - Section 9(2) Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Termination of a headmistress without prior approval of the Education Officer is void ab initio - The School Tribunal correctly set aside the termination and ordered reinstatement with continuity and back wages - Held that the requirement of prior approval under Section 9(2) is mandatory and non-compliance renders the termination invalid (Paras 1-10).
Issue of Consideration
Whether the termination of respondent no.1 (Headmistress) by the petitioners without obtaining prior approval of the Education Officer under Section 9(2) of the MEPS Act was valid, and whether the School Tribunal's order of reinstatement with back wages was legal.
Final Decision
The High Court dismissed the writ petition, upholding the School Tribunal's order dated 16 October 2015. The petitioners were directed to reinstate respondent no.1 as Headmistress with continuity of service and back wages from the date of termination till reinstatement within three months.
Law Points
- Termination of employee without prior approval of Education Officer is void
- Section 9(2) MEPS Act mandatory
- School Tribunal has jurisdiction to grant reinstatement with back wages
- Writ Court interference limited if Tribunal order is legal and proper
Case Details
WRIT PETITION NO.6199 OF 2016
Mr. Mihir Desai, Senior Advocate a/w Ms. Bharati Desai a/w Mr. Sariputta Sarnath i/by Mr. Swaraj S. Jadhav for the petitioners; Ms. Sherly Paul, respondent no.1 in-person; Mr. A.R. Mektari, AGP for respondent nos.2 to 4
Andheri Education Society and Seth M.A. High School
Smt. Sherly Paul, Education Officer (West Zone), Deputy Director of Education, State of Maharashtra
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the judgment and order of the School Tribunal, Mumbai, which allowed the appeal of respondent no.1 and set aside her termination order.
Remedy Sought
Petitioners sought a writ of certiorari to quash and set aside the School Tribunal's order dated 16 October 2015.
Filing Reason
Petitioners challenged the Tribunal's order directing reinstatement of respondent no.1 with back wages, contending that the termination was valid and the Tribunal erred in granting back wages.
Previous Decisions
The School Tribunal, Mumbai, by judgment and order dated 16 October 2015, allowed the appeal of respondent no.1 under Section 9 of the MEPS Act, set aside the termination order dated 14 July 2014, and directed reinstatement with continuity and back wages.
Issues
Whether the termination of respondent no.1 without prior approval under Section 9(2) of the MEPS Act is valid.
Whether the School Tribunal's order granting reinstatement with back wages is legal and proper.
Submissions/Arguments
Petitioners argued that the Tribunal erred in granting back wages and that the termination was justified.
Respondent no.1 argued that the termination was void for want of prior approval under Section 9(2) of the MEPS Act.
Ratio Decidendi
The requirement of prior approval under Section 9(2) of the MEPS Act is mandatory. Termination of an employee without such approval is void ab initio. The School Tribunal has jurisdiction to order reinstatement with back wages in such cases. The writ court will not interfere with the Tribunal's order if it is legal and proper.
Judgment Excerpts
By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioners have prayed for a writ of certiorari or any other writ, order or direction in the nature of writ of certiorari for quashing and setting aside the judgment and order dated 16th October 2015 passed by the learned Presiding Officer, School Tribunal, Mumbai thereby allowing the appeal filed by the respondent no.1 under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (for short 'the said MEPS Act') and setting aside the order of termination dated 14th July 2014.
Procedural History
The respondent no.1 was terminated on 14 July 2014. She filed an appeal under Section 9 of the MEPS Act before the School Tribunal, Mumbai. The Tribunal allowed the appeal on 16 October 2015, setting aside the termination and ordering reinstatement with back wages. The petitioners filed the present writ petition on 23 August 2016 challenging the Tribunal's order.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977: Section 9, Section 9(2)
- Constitution of India: Article 226, Article 227
