PARVEEN RUKHSANA Vs. MANAGEMENT OF KHAJA EDUCATION SOCIETY

JUDGEMENT

(1.) this revision petition arises out of an order passed by the educational appellate tribunal on 22-9-80, produced as per Annexure-A and the order passed by the addl. District judge, gulbarga on 31-3-87 in kpea No. 2/81, produced at Annexure-C , dismissing an appeal filed by the petitioner complaining of an act of the management who is the respondent herein in reverting her to the post of a lecturer from that of a principal of a pre-university college, run and maintained by respondent institution, as not maintainable.

(2.) the tribunal was persuaded totake the view that the institution in question being founded and administered by a minority community the disciplinary jurisdiction of the tribunal under the Provisions of the Karnataka private educational institutions (discipline and control) Act, 1975 ('the act' for short) was not attracted and the action of the management of a minority institution is immune from interference by educational appellate tribunal, acting under the Provisions of the act in question.

(3.) as pointed out the tribunal wasasked to adjudicate the matter of reverting the petitioner to the post of a lecturer from that of the principal. The tribunal had not gone into and investigated the petitioner's complaint on merits but has rejected her appegl in limine holding the action of the management albeit in the sphere of disciplinary matters was insulated against interference by the tribunal because of the protection guaranteed to the institution under art. 30 of the Constitution of india. The tribunal having accepted the stand of the management as aforesaid and having chosen to dismiss the appeal holding it to be incompetent had ofcourse not taken the occasion to delve into and investigate the merits of the complaint made to it.