Writ petition against recognised unaided school maintability
sona misti
(Querist) 11 April 2020
This query is : Resolved
does the maintability of a writ petition stands against a recognised unaided school regarding termination from job on the ground that my ex husband filed rti to that school & school answered & court ordered them to supply attendence register xerox.for that they show caused me & want to terminate me as they dont have any papers related to my personsl issue & are dragged in these. now plz enlight me .
KISHAN DUTT KALASKAR
(Expert) 11 April 2020
Writ Petition Challenging Dismissal Of Teacher Maintainable Against Private Unaided School : SC
The Supreme Court has held that a writ petition challenging the termination of services of a teacher is maintainable against a private unaided educational institution.
The bench of Justices Arun Mishra and Navin Sinha held so while dismissing an appeal by Marwari Balika Vidyalaya, a private school, against a Calcutta High Court judgment, which had directed the reinstatement of a dismissed teacher named Asha Srivastava with back wages by invoking writ jurisdiction under Article 226 of the Constitution of India.
She was dismissed on grounds of 'indiscipline' after she had filed a writ petition in High Court seeking expeditious action on the approval of her appointment.
The prime contention raised by the school was that powers under Article 226 of the Constitution of India could not have been invoked against a private entity.
While dismissing the appeal, the bench referred to the SC decision in Raj Kumar vs Director of Education and others, which had held that approval of the government education authorities was necessary even for dismissal of a private school employee. No such approval was obtained by the school in the instant case before retrenching the teacher.
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The bench also referred to the decision in Ramesh Ahluwalia vs State of Punjab, which had held that the employee of a private school can file writ petition in relation to service disputes. According to Ramesh Ahluwalia decision, a school is discharging a 'public function' and hence writ was maintainable against it.
"It is apparent from the aforesaid decisions that the Writ Application is maintainable in such a matter even as against the private unaided educational institutions", observed the bench in the order passed on February 14.
The appellant school had placed reliance on the SC decision in Committee of Management, Delhi Public School & Anr. v. M.K. Gandhi & Ors (2015) 17 SCC 353 which had dismissed a writ filed by a teacher seeking reinstatement as non-maintainable. However, that decision was distinguished by holding that question of prior approval by government authorities for dismissing a teacher was not involved there.
The decision Satimbla Sharma & Ors. v. St. Paul's Senior Secondary School & Ors referred by the appellant was a case demanding equal pay for private school teachers at par with government teachers. The SC had dismissed that claim holding that equality under Article 14 cannot be raised against a private entity. The next precedent relied by the appellant - Sushmita Basu v Ballgunge Siksha Samity- was a case for equal payment of dearness allowance to private school teachers as given to government school teachers. The SC had rejected that claim observing that writ against a private body cannot be claimed if there is no public law element involved.
The bench distinguished these cases holding that the facts were different.
"In view of the aforesaid discussion, we have no hesitation to hold that the Writ Application is maintainable as rightly held by the Division Bench of the High Court", the Bench said.
It added that the direction to pay back wages was reasonable as the teacher was made to suffer a stigmatic order.
Contrary view taken by Kerala High Court
On February 28, the Division Bench of High Court of Kerala had answered a reference to hold that writ petition was not maintainable against a private school in relation to service matters of employees.
The bench of Justices V Chitambaresh and Narayana Pisharadai overruled two single bench decisions - Bincy Raj vs CBSE & Chitra v State of Kerala- which had held that the writ court can review disciplinary action against a CBSE teacher. These decisions had held writ to be maintainable on the ground that education amounted to discharge of a public function.
Rajendra K Goyal
(Expert) 11 April 2020
Repeated query, already replied at:
https://www.lawyersclubindia.com/experts/Writ-petition-against-recognised-unaided-school-maintability-718111.asp
Also repeated at:
https://www.lawyersclubindia.com/experts/Writ-petition-against-recognised-unaided-school-maintability-718101.asp
Raj Kumar Makkad
(Expert) 11 April 2020
Same query three times???? What led you to do so and surprisingly attended by one expert at all 3 places? Copy-paste doesn't take much time.
sona misti
(Querist) 16 April 2020
my school principal show caused me on 18.03.2020 & asked for reply within 7 days as my ex had rti them 4 times regarding mine & other teachers sallry & other particulars & i didnot disclose my personal papers to them & now court told them to submit attendence register from my permanancy & verbally told not to come from next day.(when principal gave answer to rti he never asked my opinion or case).next day i went for my invigilation duty of class11 exam as board circular was there that every teacher had to be present.he didnot let me sign the register & did not gave me any written order.then i wrote about it and received it from clerk & came back.i went to school to submit my showcause reply on 23.03.2020 but clerk said school is closed & then i went to post through speedpost but due to lockdown the service was postponed.then i booked through courier but it didnot reach as school was closed.now school started online class but they didnot include my name.i whatsapp my prinicipal sir but he didnot respond. i apporached some society cum m.c member (our school is run by M.C) but they told until 10th june no communication.( in our state school is closed upto 10th june).
1. can i be sacked without proper enquiry or process being a permanant teacher & my name goes to wb hs council for renewal/permission of a subject.
2.can i be sacked for not disclosing my matrimonial issue papers to them?or because ex husband filed rti & court told them to submit attendence register.
3.if they donot give me any written termination/ suspend order further what will be my due course of action?.
4.my appoint ment letter told on displinary ground i can be terminated prior 3 months notice. is it my displinary fault?or can they stop my sallary after 3 months?
5.if i donot/do get termination/ suspend order can i file writ petition ? how much time is will take if it is maintaiable?
6.how can i proceed next?
7.can they add up any other issue with it to suspend/terminate me?
Rajendra K Goyal
(Expert) 16 April 2020
You said:
1. can i be sacked without proper enquiry or process being a permanant teacher & my name goes to wb hs council for renewal/permission of a subject.
Reply:
Without following proper procedure, one cannot be sacked / terminated / removed / punished. If they proceed, court case is the way after following internal process. Legal procedure is time and cost consuming.
You said:
2.can i be sacked for not disclosing my matrimonial issue papers to them? or because ex-husband filed rti & court told them to submit attendence register.
Reply:
School is not concerned with the matrimonial / personal disputes of any teacher till any employee is arrested and need to be suspended as per service rules.
Court can call record from School or from any other department, you cannot be held responsible for it. If School has objection, it should raise /prey before the court.
Rajendra K Goyal
(Expert) 16 April 2020
You said:
3.if they donot give me any written termination/ suspend order further what will be my due course of action?.
Reply:
In such case you can send registered letter regarding your attendance and work not given to you. Mention that you were not allowed to mark attendance. If possible, try to have some evidence of such refusal to permit marking of attendance and giving dutiesby school. May discuss with local lawyer.
You said:
4.my appointment letter told on displinary ground i can be terminated prior 3 months notice. is it my displinary fault? or can they stop my sallary after 3 months?
Reply:
No termination notice has been issued to you till date. Show cause notice has been replied by you, wait for further development.
Rajendra K Goyal
(Expert) 16 April 2020
You said:
5.if i donot/do get termination/ suspend order can i file writ petition ? how much time is will take if it is maintaiable?
Reply:
If you do not get any such letter, send letter to release your due salary. No need / no case for writ petition at this stage.
You said:
6.how can i proceed next?
Reply:
You have been briefed above.
Rajendra K Goyal
(Expert) 16 April 2020
You said:
7.can they add up any other issue with it to suspend/terminate me?
Reply:
Hope for the best till something otherwise happen. They can frame no. of charges against you, they have to prove all during inquiry.
Rajendra K Goyal
(Expert) 16 April 2020
You have repeated your above post in all your three queries. There is no reason to repeat. The fact was pointed out previously also. Your post has been duly replied above.
You can read reply given above for your following repeated query also:
https://www.lawyersclubindia.com/experts/Writ-petition-against-recognised-unaided-school-maintability-718111.asp
https://www.lawyersclubindia.com/experts/Writ-petition-against-recognised-unaided-school-maintability-718101.asp
Raj Kumar Makkad
(Expert) 16 April 2020
It is humble request to confine only at one thread and not to post similar query again and again.
Raj Kumar Makkad
(Expert) 17 April 2020
A writ petition against a recognized private unaided school is maintainable before high court challenging the dismissal of a teacher as per a similar matter decided by Hon'ble Apex Court on 07 June, 2019
Rajendra K Goyal
(Expert) 17 April 2020
Writ petition can be filed against recognized unaided private school.
From the facts it appears such a condition / moving to High Court is not warranted in your case.
T. Kalaiselvan, Advocate
(Expert) 17 April 2020
The writ petition is very well maintainable.
Your anxiety makes you to repeat the same question in different threads despite having received proper opinions and suggestions on the subject query.
