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Bombay High Court Quashes School Management Transfer Order Due to Arbitrary Exercise of Discretion and Lack of Reasons under Secondary School Code. Non-Application of Mind and Breach of Fiduciary Duty by Trustees Rendered Order Invalid; Guidelines Framed to Fill Legislative Vacuum.

The dispute arose from the transfer of management of a school run by Matoshri Bahuuddeshiya Shikshan Sanstha, Nagpur, to another society. Two writ pet...

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Bombay High Court Dismisses Writ Petition Challenging School Tribunal's Rejection of Condonation of Delay in Termination Appeal. Tribunal's Finding of No Sufficient Cause for 18-Month Delay Upheld as Not Perverse Under Article 227 Supervisory Jurisdiction.

The petitioner, a peon in a private school run by respondent No.3, was orally terminated from service on 20th June 1998. He filed an appeal before the...

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WRIT PETITION NO.217 OF 2018

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Bombay High Court Dismisses Writ Petition of Headmistress Against Termination, Upholds School Tribunal's Order. Disciplinary Enquiry Under Maharashtra Employees of Private Schools (Conditions of Service) Rules Not Vitiated by Procedural Irregularity as Employee Failed to Nominate Her Representative.

The petitioner, Smt. Anupama Kishor Khanolkar, was appointed as an Assistant Teacher in Abhinav Vidya Mandir (English Medium) in 1989. In 1994, she wa...

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Madras High Court Quashes Reference in Industrial Dispute Against Minority School — Lack of Jurisdiction Under Industrial Disputes Act. School Employee's Dispute Not an 'Industrial Dispute' as School is Not an 'Industry' Under Section 2(j) of Industrial Disputes Act, 1947.

The petitioner, Amalorpavam Higher Secondary School, an unaided private minority school recognized under the National Commission for Minority Educatio...