Case Note & Summary
The Bombay High Court at Nagpur disposed of two writ petitions filed by Almas Welfare Society challenging the orders of the School Tribunal in Appeal Nos. 25 of 2007 and 26 of 2007. The background involves appointments of Assistant Teachers by one Jawed Ahmed Ubedullakhan, who claimed to be incharge Headmaster. The management disputed the signatures of the President on the appointment orders, alleging that the documents were false, fabricated, and forged. The High Court had earlier delivered a judgment in Writ Petition No. 4031 of 2008, setting aside the School Tribunal's decision and remanding the matter for fresh consideration. In the present petitions, the Court noted that the decisions in these appeals would depend on findings to be recorded in the appeal filed by Jawed Ahmed Ubedullakhan. Consequently, the Court allowed both writ petitions, quashed the impugned orders dated 30.09.2008, and remanded the matters to the School Tribunal for fresh decision, directing that all appeals be clubbed together for common evidence.
Headnote
A) Education Law - School Tribunal - Remand - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The High Court set aside the School Tribunal's orders and remanded the matters for fresh decision, directing that the appeals be clubbed with the appeal of Jawed Ahmed Ubedullakhan for common evidence, as the factual issues regarding forged documents were common. (Paras 1-3)
Issue of Consideration
Whether the School Tribunal's decisions in the appeals should be set aside and remanded for fresh consideration in light of the judgment in Writ Petition No. 4031 of 2008.
Final Decision
Both writ petitions are allowed. The judgment and order dated 30.09.2008 passed by the School Tribunal in Appeal Nos. 25 of 2007 and 26 of 2007 are quashed and set aside. The matters are remitted back to the School Tribunal for decision afresh in the light of the observations made by this Court in Writ Petition No. 4031 of 2008.
Law Points
- Remand
- School Tribunal
- Common Evidence
- Clubbing of Appeals
Case Details
2017 LawText (BOM) (04) 146
Writ Petition No. 2287 of 2009 and Writ Petition No. 2288 of 2009
Dr. Anjan De for Petitioners; Shri S.M. Vaishnav for Respondent No. 1
Almas Welfare Society, through its Secretary, Salim Khan Sayeed Khan
Rahat Afroz Salimullah Khan and The Education Officer (Primary), Zilla Parishad, Amravati (in WP 2287/2009); Afroz Shahin d/o Rauf Khan and The Education Officer (Primary), Zilla Parishad, Amravati (in WP 2288/2009)
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Nature of Litigation
Writ petitions challenging orders of the School Tribunal in appeals regarding appointment of teachers.
Remedy Sought
Quashing of the School Tribunal's orders and remand for fresh decision.
Filing Reason
The management disputed the signatures of the President on appointment orders, alleging forgery.
Previous Decisions
The School Tribunal had passed orders on 30.09.2008 in Appeal Nos. 25 of 2007 and 26 of 2007. The High Court in Writ Petition No. 4031 of 2008 had set aside the Tribunal's decision and remanded the matter.
Issues
Whether the School Tribunal's decisions should be set aside and remanded in light of the judgment in Writ Petition No. 4031 of 2008.
Submissions/Arguments
Petitioner argued that the appointments were made by Jawed Ahmed Ubedullakhan and the documents were forged.
Respondent No. 1 claimed that the appointments were valid and bore the President's signature.
Ratio Decidendi
The decisions in these appeals depend on findings to be recorded in the appeal filed by Jawed Ahmed Ubedullakhan, and therefore all appeals should be clubbed together for common evidence.
Judgment Excerpts
The decisions in the appeals filed by the respondent No.1 in both these writ petitions would depend upon certain findings to be recorded in the appeal filed by Jawed Ahmed Ubedullakhan.
Hence, all these appeals can be clubbed together by the School Tribunal for the purposes of adducing common evidence by the parties in all these matters.
Procedural History
The School Tribunal passed orders on 30.09.2008 in Appeal Nos. 25 of 2007 and 26 of 2007. The High Court in Writ Petition No. 4031 of 2008 set aside the Tribunal's decision and remanded the matter. The present writ petitions challenge the same orders.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977:
