Rekha Ajay Vishrojwar vs Sanmitra Mandal, Thru. Its. ...
2016 Latest Caselaw 4759 Bom

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                 
                      NAGPUR BENCH, NAGPUR




                                                         
                        Writ Petition No.1305 of 2008

      Sau. Rekha Ajay Vishrojwar,
      R/o Samadhi Ward No.2,
      Chandrapur.                                           ... Petitioner




                                                        
            Versus

      1. Sanmitra Mandal,
         Deshmukh wada,




                                           
         Samadhi Ward No.2,
         Chandrapur, through 
         its President.

      2. The Headmaster,
                            
         Sanmitra Primary and Convent,
         School, Samadhi Ward No.2,
         Chandrapur.

      3. The Education Officer (Primary),
      


         Zilla Parishad,
         Chandrapur.                                        ... Respondents
   



      Shri P.N. Shende, Advocate for Petitioner. 





                   Coram : R.K. Deshpande, J.

Dated : 20th August, 2016

Oral Judgment :

1. This petition challenges the judgment and order

dated 5-1-2007 passed by the School Tribunal at Chandrapur in

Appeal No.STC/04.2002 in exercise of its jurisdiction under Section 9

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of the Maharashtra Employees of Private Schools (Conditions of

Service) Regulation Act, 1977 ("MEPS Act"). The appeal filed by the

petitioner challenging her termination from service after holding the

departmental enquiry, has been dismissed on the preliminary issue,

holding that the appointment of the petitioner was not in accordance

with law, and that it was not approved by the Education Officer. The

School Tribunal has not gone into the merits of the matter.

2.

Perusal of the order dated 22-11-1994 terminating the

services of the petitioner shows that the termination is by way of

punishment after holding the departmental enquiry. In such a

situation, the School Tribunal was not competent to frame the issue as

to whether the initial appointment of the petitioner was made after

following the procedure prescribed under the MEPS Act and the Rules

framed thereunder. The controversy is covered by the decision of this

Court in the case of Manohar Mahadeo Bhajikhaye v. Presiding Officer,

School Tribunal, Chandrapur and others, reported in

2011 (4) Mh.L.J. 312. The Tribunal was required to adjudicate the

controversy on merits of the matter, which it has failed to do, resulting

thereby jurisdictional error in deciding the matter.

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3. In the result, the petition is allowed. The judgment and

order dated 5-1-2007 passed by the School Tribunal in Appeal

No.STC/04.2002, is hereby quashed and set aside. The matter is

remitted back to the Tribunal to decide it on its own merits in

accordance with law within a period of six months from the date of

first appearance of the parties before it.

4. Rule is made absolute in above terms. No order as to costs.

JUDGE.

Lanjewar

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CERTIFICATE

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Uploaded on : 22-8-2016