Case Note & Summary
The petitioner, Rajeshree Hanumantrao Rokade, was appointed as an Assistant Teacher in a primary school run by respondent no.3 trust. She was terminated from service by an order dated 19.03.2016 without any inquiry and without obtaining prior approval of the Education Officer as required under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. The petitioner challenged the termination by filing a writ petition before the Bombay High Court. The court considered the provisions of the Act and held that the termination was in gross violation of the statutory requirements and principles of natural justice. The court allowed the petition, set aside the termination order, and directed reinstatement with continuity of service and back wages.
Headnote
A) Service Law - Termination of Teacher - Prior Approval - Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The petitioner was appointed as Assistant Teacher and her services were terminated without any inquiry and without obtaining prior approval of the Education Officer - Held that termination is illegal and set aside - Petitioner entitled to reinstatement with continuity of service and back wages (Paras 1-10).
Issue of Consideration
Whether the termination of the petitioner from the post of Assistant Teacher without conducting any inquiry and without obtaining prior approval of the Education Officer under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 is legal and valid.
Final Decision
The petition is allowed. The termination order dated 19.03.2016 is quashed and set aside. The respondents are directed to reinstate the petitioner with continuity of service and full back wages.
Law Points
- Natural justice
- prior approval requirement
- termination without inquiry
- Section 5 of MEPS Act
- 1977
