CATHOLIC BOARD OF EDUCATION Vs. THERESA D SOUZA

JUDGEMENT

(1.) THE facts which are not in dispute are that the respondent was appoin ted as additional teacher at st. Mary's english medium school (primary section), udupi, which is an unaided school and run by religious and linguistic minority. The appointment order dated 31-5-1996 specifically provided that the respondent was on probation for a period of one year from the date of appointment and that the said term could be extended for a further period of one year. However, before the expiry of the probation period of one year, by an order dated 9-5-1997 the service of the respondent was terminated. The said order was challenged by the respondent under Section 94 of the Karnataka Education Act, 1983, before the ii additional district judge and educational appellate tribunal, dakshina kannada, mangalore. The only contention of the respondent before the eat was that the termination order was issued without assigning any reasons and without following the statutory rules and the principles of natural justice. As such the termination order is illegal.

(2.) THE petitioner filed the statement of objections contending inter alia that the respondent was on probation and the petitioner was within its legal right to terminate the services and as such, termination could not be questioned before the tribunal. The tribunal recorded a finding that the order of termination is illegal and set aside the termination order dated 9-5-1997 and directed the petitioner to continue the respondent in service. As against the order dated 13-7-2001 this petition is filed.

(3.) HEARD the learned counsel appearing for the respective parties.