Case Note & Summary
The petitioners, the Superintendent of Nanded Sikh Gurudwara Sachkhand and the Head Master of Khalsa High School, challenged the judgment of the School Tribunal dated 28 August 2015. The Tribunal had partly allowed the appeal of Respondent No.1, Jyotinder Kaur Hira Singh, who was the Head Mistress of the school. She was promoted to the post of Head Mistress on 23 August 2008, and her appointment was approved by the Education Department. In 2012, during the preparation of SSC examination forms, a clerk named Mr. Pund entered wrong subject codes in some forms. The management issued a charge sheet to the Head Mistress and after an inquiry, passed a reversion order on 4 March 2013, reverting her to the post of Assistant Teacher. The Head Mistress appealed to the School Tribunal, which quashed the reversion order and directed the management to conduct a fresh inquiry as per rules, and in the meantime, reinstate her as Head Mistress. The management conceded that the school is a private school covered by the Maharashtra Employees of Private Schools Act, 1977 and Rules, 1981. The High Court, after hearing both sides, upheld the Tribunal's order, finding that the inquiry was not conducted in accordance with the statutory provisions. The court noted that the management had given up the objection regarding the applicability of the Gurudwara Act, 1956. The decision was that the writ petition was dismissed, and the Tribunal's order was confirmed.
Headnote
A) Service Law - Reversion - Inquiry Procedure - Maharashtra Employees of Private Schools Act, 1977, Maharashtra Employees of Private Schools Rules, 1981 - The management reverted the Head Mistress without conducting a proper inquiry as per the Act and Rules. The School Tribunal quashed the reversion and directed reinstatement with a fresh inquiry. The High Court upheld the Tribunal's order, holding that the inquiry was vitiated due to non-compliance with statutory requirements. (Paras 2-6)
B) Service Law - Jurisdiction of School Tribunal - Appeal against reversion - Maharashtra Employees of Private Schools Act, 1977, Section 9 - The School Tribunal has jurisdiction to entertain an appeal against an order of reversion passed by the management. The Tribunal's order directing reinstatement pending fresh inquiry was within its powers. (Paras 2-3)
Issue of Consideration
Whether the reversion of the Head Mistress from her post was validly ordered after a proper inquiry as per the Maharashtra Employees of Private Schools Act, 1977 and Rules, 1981.
Final Decision
The writ petition is dismissed. The judgment of the School Tribunal dated 28 August 2015 is upheld.
Law Points
- Natural justice
- Inquiry procedure
- Reversion
- Private school employee
- Maharashtra Employees of Private Schools Act
- 1977
- Maharashtra Employees of Private Schools Rules
- 1981
Case Details
2017 LawText (BOM) (07) 15
WRIT PETITION NO. 8978 OF 2016
Mr. P.P. Mandlik for petitioner, Mr. A.V. Patil Indrale for Respondent No.1, Mr. N.T. Bhagat, A.G.P. for Respondent No.2
The Superintendent, The Nanded Sikh Gurudwra Sachkhand Shri Hazur Apchal Nagar Nagar Sahib, Nanded and The Head Master, Khalsa High School, Bafna Road, Nanded
Jyotinder Kaur Hira Singh and The Education Officer (Secondary), Zilla Parishad, Nanded
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Nature of Litigation
Writ petition challenging the judgment of the School Tribunal which quashed the reversion order of the Head Mistress and directed reinstatement with fresh inquiry.
Remedy Sought
The petitioners (management) sought to set aside the School Tribunal's order dated 28 August 2015.
Filing Reason
The management was aggrieved by the Tribunal's order quashing the reversion of the Head Mistress and directing her reinstatement.
Previous Decisions
The School Tribunal partly allowed the appeal of the Head Mistress, quashed the reversion order dated 04.03.2013, directed fresh inquiry, and ordered reinstatement on the original post of Head Mistress pending the outcome of the fresh inquiry.
Issues
Whether the reversion order was passed after a proper inquiry as per the Maharashtra Employees of Private Schools Act, 1977 and Rules, 1981.
Whether the School Tribunal had jurisdiction to entertain the appeal and pass the impugned order.
Submissions/Arguments
The petitioners conceded that the school is a private school covered by the Maharashtra Employees of Private Schools Act, 1977 and Rules, 1981, and gave up the objection regarding the Gurudwara Act, 1956.
The respondent Head Mistress argued that the inquiry was not conducted in accordance with the statutory provisions.
Ratio Decidendi
The reversion of an employee in a private school must be preceded by a proper inquiry conducted in accordance with the Maharashtra Employees of Private Schools Act, 1977 and the Maharashtra Employees of Private Schools Rules, 1981. Failure to comply with the statutory inquiry procedure renders the reversion order invalid, and the School Tribunal has the power to quash such order and direct reinstatement pending a fresh inquiry.
Judgment Excerpts
The petitioner management is aggrieved by the judgment of the School Tribunal dated 28th August, 2015 by which Appeal No. 23 of 2013 filed by her for challenging the punishment of reversion dated 04th March, 2013 has been quashed and set aside and she has been granted reinstatement on the original post of Head Mistress.
The petitioners make a statement that they are giving up the objection as regards the Gurudwara Act, 1956 being applicable and concede that the Petitioner No.2 – school is a private school and is covered by the Maharashtra Employees of Private Schools Act, 1977 and the Maharashtra Employees of Private Schools Rules, 1981.
Procedural History
The Head Mistress was promoted on 23 August 2008. In 2012, wrong subject codes were entered in SSC forms by a clerk. The management issued a charge sheet and after an inquiry, passed a reversion order on 4 March 2013. The Head Mistress filed Appeal No. 23 of 2013 before the School Tribunal, which partly allowed the appeal on 28 August 2015, quashing the reversion and directing reinstatement with a fresh inquiry. The management filed the present writ petition on 2016, which was dismissed on 18 July 2017.
Acts & Sections
- Maharashtra Employees of Private Schools Act, 1977:
- Maharashtra Employees of Private Schools Rules, 1981:
- Gurudwara Act, 1956:
