Case Note & Summary
The applicant, a former Headmistress of Savitribai Fule Vidyalaya, Masod, was initially appointed as an Assistant Teacher on 2nd September 1987. After 10 years of service, she was promoted as Headmistress in the Scheduled Caste category and transferred to the said school on 2nd July 1998. The management issued a statement of allegations against her and constituted an enquiry committee consisting of three nominees: (i) a member of the society who was the President and acted as convener, (ii) the Headmaster of another school as the employee's representative, and (iii) a State Awardee as the nominee of the State. The enquiry committee went into the charges and the petitioner's reply but did not come to any decision on the penalty. The management then terminated the petitioner's services. The petitioner challenged the termination before the School Tribunal, which dismissed her appeal. She then filed Writ Petition No.1347 of 2001, which was dismissed by this Court on 3rd April 2009. The petitioner later filed the present application for recall of that order, alleging that the management had obtained the order by fraud and misrepresentation. The Court found that the management had misrepresented that the enquiry committee was properly constituted under Section 7 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, when in fact the committee included the President of the society as a nominee of the management, who also acted as convener. The Court held that such a committee was not properly constituted and the enquiry was vitiated. The Court allowed the application, recalled the order dated 3rd April 2009, and remanded the matter to the School Tribunal for fresh consideration in accordance with law.
Headnote
A) Service Law - Recall of Order - Fraud and Misrepresentation - The Court considered whether an order passed in a writ petition could be recalled on the ground that it was obtained by fraud and misrepresentation by the management regarding the constitution of the enquiry committee. The Court held that the management had misrepresented that the enquiry committee was properly constituted under Section 7 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, when in fact the committee included a member who was the President of the society and acted as convener, which was not permissible. The order was recalled and the matter was remanded to the School Tribunal for fresh consideration. (Paras 1-10) B) Service Law - Enquiry Committee - Constitution - Section 7 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and Rule 36 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 - The Court examined the requirement that an enquiry committee must consist of a nominee of the management, a nominee of the employee, and a nominee of the State. The Court found that the committee in this case included the President of the society as a nominee of the management, who also acted as convener, which was contrary to the statutory scheme. The Court held that such a committee was not properly constituted and the enquiry was vitiated. (Paras 3-8)
Issue of Consideration
Whether the order dated 3rd April, 2009 passed in Writ Petition No.1347 of 2001 should be recalled on the ground that it was obtained by fraud and misrepresentation by the management regarding the constitution of the enquiry committee.
Final Decision
The Court allowed the application, recalled the order dated 3rd April 2009 passed in Writ Petition No.1347 of 2001, and remanded the matter to the School Tribunal for fresh consideration in accordance with law.
Law Points
- Recall of order on ground of fraud
- Misrepresentation by management
- Proper constitution of enquiry committee
- Section 7 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
- Rule 36 of Maharashtra Employees of Private Schools (Conditions of Service) Rules
- 1981
