Bombay High Court
Bapu Shikshan Sanstha Through Its ... vs Shri Gajanana S/O Sadashiv There ... on 7 August, 2017
Bench: S.C. Gupte
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 4353 OF 2015
1] Bapu Shikshan Sanstha,
Through its President Shri M. M. Gadkari,
R/o-Behind Gorakshan Sabha, Dhantoli,
Nagpur.
2] Shrikrushna High School,
Through its Head-master,
R/o-Kanolibara, Tah-Hingna,
District - Nagpur.
3] Shri M. M. Gadkari,
R/o-Behind Gorakshan Sabha,
Dhantoli, Nagpur. .....PETITIONERS
...VERSUS...
1] Shri. Gajanan S/o Sadashiv There,
Aged about 33 yrs. R/o-Kanolibara,
Tah-Hingna, Dist-Nagpur.
2] Shri Vitthal S/o Govind Dahake,
Aged - Major, Occp-Pensioner,
R/o-Kanolibara, Tah-Hingna,
District - Nagpur.
3] The Presiding Officer,
School Tribunal, Nagpur,
Civil Line, Nagpur.
4] The Education Officer (Secondary),
Zilla Parishad, Nagpur.
5] The Deputy Director of Education,
Nagpur Region, Zero Mile Stone,
Nagpur.
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6] Sau. Aruna N. Kukde,
Aged - Major, Assistant Teacher,
Shrikrushna High School,
Kanholibara, Tah-Hingna,
District - Nagpur. ...... RESPONDENTS
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Shri V. A. Dhabe, Advocate for the Petitioners.
Shri P. P. Thakre, Advocate for the Respondent Nos.1,2 and 6.
Shri V. P. Maldhure, AGP for the Respondent Nos.3, 4 and 5.
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WITH
WRIT PETITION NO. 4454 OF 2015
1] Bapu Shikshan Sanstha,
Through its President Shri M. M. Gadkari,
R/o-Behind Gorakshan Sabha, Dhantoli,
Nagpur.
2] Shrikrushna High School,
Through its Head-master,
R/o-Kanolibara, Tah-Hingna,
District - Nagpur.
3] Shri M. M. Gadkari,
R/o-Behind Gorakshan Sabha,
Dhantoli, Nagpur. .....PETITIONERS
...VERSUS...
1] Ku. Alka Abaji Deotale,
Aged about 43 yrs. R/o-Mahajan Wadi,
Wanadongri, Dist-Nagpur.
2] Shri Vitthal S/o Govind Dahake,
Aged - Major, Occp-Pensioner,
R/o-Kanolibara, Tah-Hingna,
District - Nagpur.
3] The Presiding Officer,
School Tribunal, Nagpur,
Civil Line, Nagpur.
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4] The Education Officer (Secondary),
Zilla Parishad, Nagpur.
5] The Deputy Director of Education,
Nagpur Region, Zero Mile Stone,
Nagpur.
6] Sau. Aruna N. Kukde,
Aged - Major, Assistant Teacher,
Shrikrushna High School,
Kanholibara, Tah-Hingna,
District - Nagpur. ...... RESPONDENTS
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Shri V. A. Dhabe, Advocate for the Petitioners.
Shri P. P. Thakre, Advocate for the Respondent Nos.1,2 and 6.
Shri V. P. Maldhure, AGP for the Respondent Nos.3, 4 and 5.
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WITH
WRIT PETITION NO. 4459 OF 2015
1] Bapu Shikshan Sanstha,
Through its President Shri M. M. Gadkari,
R/o-Behind Gorakshan Sabha, Dhantoli,
Nagpur.
2] Shrikrushna High School,
Through its Head-master,
R/o-Kanolibara, Tah-Hingna,
District - Nagpur.
3] Shri M. M. Gadkari,
R/o-Behind Gorakshan Sabha,
Dhantoli, Nagpur. .....PETITIONERS
...VERSUS...
1] Shri. Rajendra S/o Kawdu Nimsade,
Aged about 39 yrs. R/o-Kanolibara,
Tah-Hingna, Dist-Nagpur.
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2] Shri Vitthal S/o Govind Dahake,
Aged - Major, Occp-Pensioner,
R/o-Kanolibara, Tah-Hingna,
District - Nagpur.
3] The Presiding Officer,
School Tribunal, Nagpur,
Civil Line, Nagpur.
4] The Education Officer (Secondary),
Zilla Parishad, Nagpur.
5] The Deputy Director of Education,
Nagpur Region, Zero Mile Stone,
Nagpur.
6] Sau. Aruna N. Kukde,
Aged - Major, Assistant Teacher,
Shrikrushna High School,
Kanholibara, Tah-Hingna,
District - Nagpur. ...... RESPONDENTS
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
Shri V. A. Dhabe, Advocate for the Petitioners.
Shri P. P. Thakre, Advocate for the Respondent Nos.1,2 and 6.
Shri V. P. Maldhure, AGP for the Respondent Nos.3, 4 and 5.
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CORAM : S. C. GUPTE, J.
DATE : 7 th
AUGUST, 2017.
ORAL JUDGMENT :
Heard.
2] Rule. Taken up for hearing forthwith by consent of
counsel for the parties.
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3] These Writ Petitions challenge awards of Maha Lok
Adalat dated 13th December, 2014 passed on appeals pending
before the School Tribunal, Nagpur, being Appeal STN Nos.51 of
2013, 52 of 2013 and 50 of 2013. The appeals before the School
Tribunal involved challenges to the dismissal orders passed in
respect of three teachers by the Headmaster of the School, who is
petitioner No.2 in the Writ Petitions. It appears from the record of
the petitions that the appeals were posted before the School
Tribunal, Nagpur on 9th December, 2014 and were adjourned to 7 th
January, 2014. It also appears that without there being any
particular order, hearing of the appeals was preponed to 13 th
December, 2014 before Maha Lok Adalat. On that day, i.e. 13 th
December, 2014, the Maha Lok Adalat took on record compromise
pursis filed before it and disposed of the appeals in terms of the
pursis by passing awards. It is the case of the petitioners that the
compromise pursis in each case was signed by the respective
appellant - teacher and the Secretary of petitioner No.1 society
(Bapu Shikshan Sanstha); that the President of the trust, who was
the main contesting party before the School Tribunal, was neither
put to notice of the preponed date nor was heard in the matter.
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04] This Court, by its order dated 21st October, 2016, called
for a report from the office of the Presiding Officer, School
Tribunal, Nagpur, as to whether notices were duly issued to the
petitioners and there was due compliance with the provisions of
Section 20 of the Legal Services Authorities Act, 1987. The
Presiding Officer, by his report dated 15 th November, 2016, has
communicated to this Court that there was no application for
preponing the hearing of the appeals from 07/01/2014 to
13/12/2014. It is also accepted in the report that the roznama did
not indicate filing of any application for preponement either at the
instance of the appellant or the respondents. It is also accepted
that no notice was issued to either the appellant or the respondent
management for appearance before Maha Lok Adalat held on 13 th
December, 2014 in connection with these appeals. In the premises,
there appears to be substance in the grievance of the petitioners
that the petitioners did not have a proper notice of the matter
before Maha Lok Adalat and had no opportunity to show cause.
The award of Maha Lok Adalat disposing of the appeals, thus, need
to be quashed and set aside and the appeals remanded to the
School Tribunal for a fresh hearing in accordance with law. It is
ordered accordingly. It will be open to the petitioners at such fresh
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hearing to contend before the School Tribunal that there was
already a compromise reached between the parties. It will likewise
be open to the respondent - School management to contest this
position. The matters will be decided by the School Tribunal on
their own merits and in accordance with law.
05] The School Tribunal shall dispose of the pending
appeals within a period of 3 months from today. Both parties will
appear before the School Tribunal on 18 th August, 2017 at 11.00
a.m. and produce an authenticated copy of this order. The School
Tribunal shall fix the schedule of hearings accordingly.
06] Rule is made absolute and the petitions are disposed in
the above terms. No order as to the costs.
JUDGE
PBP
