Case Note & Summary
The appellant, Girdhar Anandrao Thaori, an employee of Dr. B.R. Ambedkar Shikshan Sanstha, filed an appeal before the School Tribunal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act) challenging his termination. The School Tribunal, vide order dated 4/7/2008 in Appeal No. STC17/1999, dismissed the appeal on preliminary issues framed on 18/9/2006. The preliminary issues were: (1) whether the school was a recognized school under the MEPS Act (answered yes), (2) whether the appointment was made as per Section 5 of the MEPS Act and Rules (answered no), (3) whether such appointment has been approved by the Education Officer (answered does not survive), and (4) what order (answered as per order). The Tribunal did not delve into the merits of the controversy because of its findings on preliminary issues. The appellant then filed a Letters Patent Appeal before the Bombay High Court. The High Court noted that the School Tribunal had dealt with the preliminary issues as per directions of a Division Bench of this Court in a judgment reported at 1997 (3) Mh.L.J. The High Court found that the Tribunal had not considered the merits of the case. The court observed that the matter should be remanded to the School Tribunal for fresh adjudication on merits after deciding the preliminary issues. The High Court allowed the appeal, set aside the impugned order, and remanded the matter to the School Tribunal for fresh decision on merits in accordance with law. The court directed the parties to appear before the School Tribunal on 16/10/2017.
Headnote
A) Service Law - School Tribunal - Preliminary Issues - Section 9 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The School Tribunal dismissed the appeal on preliminary issues, holding that the appointment was not made as per Section 5 of the MEPS Act. The High Court found that the Tribunal did not delve into the merits and remanded the matter for fresh adjudication on merits after deciding the preliminary issues. Held that the Tribunal must decide the appeal on merits after the preliminary issues are resolved (Paras 3-5).
Issue of Consideration
Whether the School Tribunal was justified in dismissing the appeal on preliminary issues without delving into the merits of the controversy, and whether the appointment of the appellant was made as per Section 5 of the MEPS Act, 1977.
Final Decision
The High Court allowed the appeal, set aside the impugned order of the School Tribunal dated 4/7/2008, and remanded the matter to the School Tribunal for fresh adjudication on merits in accordance with law. The parties were directed to appear before the School Tribunal on 16/10/2017.
Law Points
- Appointment must be made as per Section 5 of MEPS Act
- 1977 and Rules thereunder
- School Tribunal can decide preliminary issues before merits
- Remand for fresh adjudication on merits after preliminary issues decided
