Smita D/O. Prabhakar Tombre ... vs The Deputy Director Of Education, ...
2016 Latest Caselaw 282 Bom

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                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                                                    
                                           NAGPUR BENCH : NAGPUR.




                                                                                     
                                               WRIT PETITION NO.4452 OF 2015


                  PETITIONER:                                 Smita d/o Prabhakar Thombre (after
                                                              Marriage   Smita   w/o   Sunil   Zade),




                                                                                    
                        
                                                              Aged   about   30   years,   occupation:
                                                              Teacher,   R/o   Pllot   No.7,   Gadge
                                                              Nagar, Ramna Maroti, Nagpur.
                                                                         
                                                           




                                                              
                                                                    -VERSUS-


                  RESPONDENTS:

ig 1. The Deputy Director of Education, Nagpur Division, Civil Lines, Nagpur.

2. The Education Officer (Primary) Zilla Parishad, Civil Lines, Nagpur.

3. The Modi Club, A Society Registered under the Societies Registration Act

and a Trust registered under the Bombay Public Trusts Act, 1950,

having its office at Modi Padaw, Kamptee, District Nagpur, represented through its Trustee and Secretary Shri Ramesh Kisanrao Kothale.

4. Rachana d/o Bhaurao Meshram (now Smt. Rachna Yuvraj Somkuwar) Aged Adult, Occupation: Nil, R/o of Mondha, near Nutan Girls's High School,

Kamptee, District Nagpur.

Shri V. V. Bhangde, Advocate for the petitioner. Shri A. V. Palshikar, Assistant Government Pleader for respondent Nos.1 & 2.

Shri S. S. Joshi, Advocate for the respondent No.3. Shri A. B. Moon, Advocate for the respondent No.4.

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WITH WRIT PETITION NO.4187 OF 2015

PETITIONER: The Modi Club,

A Society Registered under the Societies Registration Act and a Trust registered under the Bombay Public Trusts Act, 1950, having its registered office at Modi Padaw, Kamptee,

District Nagpur, Represented through its Trustee and Secretary Shri Ramesh Kisanrao Kothale.

-VERSUS-

RESPONDENTS:

ig 1. The Deputy Director of Education, Nagpur Division, Civil Lines, Nagpur.

2. The Education Officer (Primary) Zilla Parishad, Nagpur.

3. Smita d/o Prabhakarrao Thombre (Now Smita w/o Sunilo Zade), Age

30 years, Occupation: Service, Resident of Plot No.7, Gadge Nagar,

Ramna Maroti, Nagpur.

4. Rachana d/o Bhaurao Meshram (now Smt. Rachna Yuvraj Somkuwar) Aged 36 years,

Occupation: Nil, Resident of Mondha, near Nutan Girls's High School, Kamptee, District Nagpur.

Shri S. S. Joshi, Advocate for the petitioner.

Shri A.V. Palshikar, Assistant Government Pleader for respondent No.1. Smt. Indira Bodade, Advocate for respondent No.2. Shri V.V. Bhangde, Advocate for respondent No.3.

                   CORAM:    SMT. VASANTI  A. NAIK
                                                    AND A.S. CHANDURKAR JJ.
                   DATED
                          :   3
                                     MARCH, 2016.
                                rd  





                   wps4452,15n4187.15.odt                                                                          3/8

ORAL JUDGMENT : (Per Smt. Vasanti A. Naik, J)

Since similar issues are involved in both the writ petitions

and the facts involved therein are the same, the writ petitions are heard

together and are decided by this common judgment.

Rule. Rule made returnable forthwith. The petitions are

heard finally with the consent of the learned Counsel for the parties.

By Writ Petition No.4187/2015, Modi Club Kamptee - the

management has challenged the order of the Dy. Director of Education

dated 22-6-2015 directing absorption of the respondent No.4 in the said

petition namely Ms. Rachana in the School run by the petitioner -

Society after terminating the services of the respondent No.3 in the said

petition - Ms. Smita so that she could be absorbed in some other school.

So also, Writ Petition No.4452/2015 is filed by Ms. Smita who is the

respondent No.3 in the other writ petition as she is aggrieved by the

order directing her termination and her absorption in some other school.

The petitioner - Management was running two schools, one

in Hindi medium and the other in Marathi medium. Admittedly, Ms.

Rachana was working in the Hindi Medium School when it was de-

recognized in the year 2013. Earlier, Ms. Rachana was appointed in the

Marathi Medium School and her transfer in the Hindi Medium School in

the year 2008 was accepted by her and approved by the Education

Officer. Ms. Rachana admittedly worked in the Hindi Medium School

from 2008-2013 till it was derecognzed. Since it was observed in the

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order of de-recognition of the school that the teachers were responsible

for the derecognition of the school and as Miss Rachana was not being

absorbed in some other school, she filed Writ Petition No.6663/2013 for

a direction to the respondents - Education Officer to take appropriate

steps for her absorption in some other school. The said writ petition was

withdrawn on 6-8-2014. It appears from the documents annexed to the

petition that after the withdrawal of the writ petition, Ms. Rachana

approached the Education Officer and threatened to immolate herself if

she was not absorbed. It appears that a meeting was conducted by the

Education officer and it was found that Ms. Rachana was not entitled for

absorption. It appears from the document annexed at Annexure-F to the

petition that Ms. Rachana not only approached the Education

Authorities but also approached the Guardian Minister of Nagpur and

made representations seeking absorption to His Excellency, The

Governor, the Hon'ble Chief Minister and the Collector, Nagpur. It is the

case of the petitioner - Management that it is only because of the

pressure exerted by the Hon'ble Guardian Minister on the Education

Authorities that they succumbed and directed the absorption of Ms.

Rachana in the Marathi Medium School of the petitioner - Management.

It is the case of the petitioner that after hearing the parties, the Dy.

Director of Education passed the impugned order and the Education

Officer also directed the termination of the services of Ms. Smita who

was working in the Marathi Medium School so that Ms. Rachana could

be absorbed.

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It would not be necessary to record in detail, the

submissions made on behalf of the petitioner as the record itself speaks

of the illegality committed by the Education Authorities in directing the

absorption of Ms. Rachana in the Marathi school run by the

Management and the termination of Ms. Smita so that Ms. Rachana

could be accommodated.

Shri Moon, the learned Counsel for Ms. Rachana, however,

supported the orders of the Education Authorities. It is stated that Ms.

Rachana was appointed in the Marathi Medium School run by the

petitioner - Management, but in the year 2008, she was transferred to

the Hindi Medium School which was derecognized in 2013. It is stated

that since Ms. Rachana was initially appointed in the Marathi Medium

School, she was liable to be absorbed by the Education Officer after the

derecognition of the Hindi Medium School in the year 2013. The learned

Counsel sought for the dismissal of the writ petition.

Shri Palshikar, the learned Assistant Government Pleader

appearing on behalf of the Dy. Director of Education and Smt. Bodade,

the learned Counsel for the Education Officer (Primary) submitted that

in the peculiar circumstances of the case, the impugned orders were

passed. It is admitted by the Counsel for the Education Officer that Ms.

Rachana was continuously threatening the Education Officer of self

immolation and on 7-2-2015, she had carried a kerosene oil can to the

office of the Education Officer. It is submitted that several complaints

were made by the Education Officer to the Police Station Officer Nagpur

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in respect of threats given by Ms. Rachana. It is admitted that even

while granting an opportunity of hearing, the Police Authorities were

informed so that an untoward incident should not happen. It is stated on

behalf of the Dy. Director of Education that since Ms. Rachana was

earlier working in the Marathi Medium School, the Dy. Director of

Education had directed her absorption in the Marathi Medium School

run by the petitioner. The learned Counsel for the Education Officer

submitted that it is only because of the order of the Dy. Director of

Education that the Education Officer had directed the petitioner -

Management to absorb Ms. Rachana in the Marathi Medium School and

remove Ms. Smita from the said School.

On hearing the learned Counsel for the parties, it appears

that the Education Authorities have committed a serious illegality in

passing the impugned orders. Though Ms. Rachana was appointed in

the Marathi Medium School initially, she was transferred to the Hindi

Medium School and the transfer was approved by the Education

authorities. Ms. Rachana had no grievance about her transfer from the

Marathi Medium School to the Hindi Medium School in the year 2008,

till the Hindi Medium School was de-recognized in the year 2013. Ms.

Rachana was, therefore, not entitled to canvas before the Education

authorities that she was liable to be absorbed in the Marathi School run

by the petitioner - Management because she was earlier working in that

school. It is pertinent to note that the order of de-recognition mentions

that the teachers were also at fault and the de-recognition was partially

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due to the fault on the part of the teachers. Ms. Rachana had filed Writ

Petition bearing No.6663/2013 and since this Court did not find any

favour with the case tried to be made out by Ms. Rachana, the writ

petition was withdrawn. After the writ petition was withdrawn, Ms.

Rachana approached the Education authorities for her absorption in

some other School and gave threats of self immolation after taking a

kerosene oil can to the office of the Education Officer. Since the

Education authorities did not succumb to the threats of Ms. Rachana,

Ms. Rachana approached the Guardian Minister of Nagpur and the other

dignitaries who have no jurisdiction to take any decision in the matter of

absorption of Ms Rachana in the petitioner school and for that matter

any other school. However, it appears on a perusal of the document at

ANNEXURE-F that the Guardian Minister directed the Education

authorities to immediately look into the grievance of Ms. Rachana.

It appears that due to the intervention of the Guardian Minister, the Dy.

Director of Education directed the absorption of Ms. Rachana in the

Marathi Medium School of the petitioner - Management. The Dy.

Director of Education could not have considered Ms. Rachana to be a

teacher in the Marathi Medium School. Ms. Rachana was transferred to

the Hindi Medium School in the year 2008 and she had accepted the

transfer order without any objection. Ms. Rachana had no grievance

whatsoever against her transfer till the Hindi Medium school was

derecognized in the year 2013. Ms. Rachana could not have, in the

aforesaid set of facts asked the Education authorities to absorb her in the

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Marathi Medium School run by the petitioner - Management. By passing

the impugned orders, the Education authorities committed one more

illegality of directing the termination of services of Ms. Smita so as to

accommodate Ms. Rachana in the Marathi Medium School. The

impugned orders are bad in law and are liable to be set aside.

Hence, for the reasons aforesaid, the writ petitions are

allowed. The impugned orders are quashed and set aside. Rule is made

absolute in the aforesaid terms with no order as to costs.

                                      JUDGE                                                              JUDGE 

                  //MULEY//