NEELAKANTHATAH Vs. R M DESAI

JUDGEMENT

(1.) The petitioner was a teacher in the New English High School at Galgali in Bilgi Taluk, Bijapur Dist. The Management of the School, by order 13th September, 1974 terminated his services by giving him one month's advance notice. It was stated in the order that consequent on the closure of the Urdu Medium Standard VIII during the academic year 1974-75, the post occupied by the petitioner was in excess. Challenging WP. 5175 of 1975. the validity of the said, order, the petitioner appealed before the Educational Appellate Tribunal, Bijapur. The management resisted the appeal inter alia contending that the appeal was not maintainable since the order of termination was not by way of penalty. The Tribunal upheld that objection and dismissed the appeal. The validity of the afforsaid order is called into question in. this petition under Article 226 of the Constitution.

(2.) The Tribunal after referring to the provisions of the Karnataka Private Educational Institutions (Discipline and Control) Act, 1975 (called shortly 'the Act'), has observed that since the Management was com- pqlled to terminate the services of the petitioner because of the abolition of the Urdu Section of the VIII Standard in the High School, the order of termination was not appealable falling within the scope, of Sec.8 of the Act. In other words, the Tribunal has stated that the impugned order was apt by way of penalty and it would be only such penal orders would be appealed, against. The; Tribunal for its conclusion has also relied upon Sec.10 (4) of the Act.

(3.) It seems to us that the Tribun, i was in error in, construing the provisions of the Act and reaching the said conclusion,. We may now refer to the relevant provisions;. Sec. 10(1) authorises the Govt by Notification to constitute one or more Educational Appellate Tribunals for the a|djudi- cation of appeals preferred under Sec.8. Sec.8 confers right of appeal. It provides :