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Supreme Court

Supreme Court Allows Appeals of Assistant Teachers in Service Dispute Due to Lack of Blameworthy Conduct and Long Service. The Court held that innocent candidates cannot be penalized for fraudulent manipulation by school management in altering sanctioned posts, and stoppage of salary without termination order is unjust, directing payment of arrears and continuation of salary.

20 Nov 2023

The dispute involved three appellants who were appointed as Assistant Teachers at a junior high school in Uttar Pradesh on 25.06.1999, following a sel...

High Court

Bombay High Court Allows Writ Petitions Challenging Termination of Assistant Teachers in Ashram Schools — Violation of Natural Justice and Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. Termination orders set aside as petitioners were not given opportunity of hearing and provisions of M.E.P.S. Act were not followed.

30 Nov -0001

The judgment concerns two writ petitions filed by a group of Assistant Teachers working in various Ashram Schools in Maharashtra. The petitioners were...

High Court

Bombay High Court Dismisses Writ Petitions in Inter Se Seniority and Head of School Appointment Dispute. Seniority determined by date of joining as Assistant Teacher, not by date of acquiring higher qualification.

23 Feb 2022

The judgment concerns two writ petitions filed by Pandurang Kurhe and Namdeo Sase, both Assistant Teachers in a school run by Samta Shikshan Prasarak ...

High Court

Bombay High Court Allows Teacher's Appointment Approval Despite Delay in Application by Management — Education Department Cannot Reject Approval on Ground of Delay When Management Failed to Apply Within Time. The court held that the teacher cannot be penalized for the laches of the management and directed the department to consider the proposal on merits.

22 Aug 2019

The petitioner, Ganesh Vyankatesh Shinde, was appointed as a Shikshan Sevak (probationary teacher) on 15 June 2013 by the Krantiveer Chapekar Smarak S...

High Court

Bombay High Court Allows Petition of Shikshan Sevak and Minority Management Against Refusal of Approval — TET Not Required for Secondary School Teachers in Minority Institutions. Education Officer's Rejection Set Aside Due to Non-Applicability of TET Requirement and Retrospective Application of Government Resolution.

29 Nov 2024

The petitioners, Smt. Pooja Yogesh Singh (Petitioner No.1) and Shanti Shikshan Prachar Mandal (Petitioner No.2), challenged the order dated 25/11/2022...

High Court

High Court of Judicature at Bombay hears writ petition challenging School Tribunal's reinstatement of teacher in termination dispute under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. The Court considered whether the inquiry committee properly followed Rules 36 and 37 of MEPS Rules, 1981, and whether legal evidence supported the charges.

29 Aug 2006

The High Court of Judicature at Bombay heard a writ petition filed by the management and headmaster of Janta High School, Shirol, challenging the Scho...

High Court

Bombay High Court Full Bench Interprets MEPS Act, 1977 and Rules, 1981 on Retired Awardee Teacher as Inquiry Committee Member. Conflict Between Division Bench Judgments on Whether Retired Teacher Can Be a Member Referred to Larger Bench for Authoritative Pronouncement.

10 Mar 2016

The Full Bench of the Bombay High Court was constituted to resolve a conflict between two Division Bench judgments on the interpretation of Rule 36(2)...

High Court

High Court of Bombay at Aurangabad Considers Whether Remedy Under Industrial Disputes Act Is Available to Non-Teaching Staff of Private School in View of Exclusive Remedy Under MEPS Act. Labour Court Had Dismissed References as Not Maintainable Citing Adarsh Shikshan Sanstha and St. Ulai High School Decisions.

9 Dec 2016

Two writ petitions were filed by non-teaching staff of a private school challenging Labour Court awards that dismissed their references under the Indu...

High Court

Bombay High Court Allows Minority School Management's Petition Challenging Absorption of Surplus Teacher — Upholds Appointment of Shikshan Sevak. The Court held that the minority institution's right to appoint a Shikshan Sevak under the Maharashtra Shikshan Sevak (Recruitment and Conditions of Service) Rules, 2012 prevails over the claim of a surplus teacher under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

24 Feb 2016

The judgment involves two writ petitions. The first petition (WP No.5677/2014) was filed by Momin Matin Ahmad Mobin Ahmad, a surplus teacher, challeng...

High Court

Bombay High Court Upholds School Tribunal's Order Reinstating Teacher in Minority Unaided School — Temporary Appointment Does Not Deprive Employee of Protection Under MEPS Act, 1977. The Court held that the termination of a temporary teacher without following the procedure under the MEPS Act and Rules is illegal, and the employee is entitled to reinstatement with continuity of service and 50% back wages.

8 Dec 2015

The petitioners, Maulana Azad Educational Trust and its school, challenged the judgment of the School Tribunal dated 08.07.2015 in Appeal No.21/2014. ...

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