ANURADHA GUPTA Vs. MANAGER, DISCIPLINARY COMMITTEE

JUDGEMENT

(1.) These are the two connected matters in which the judgments which have been put to challenge has been rendered in Civil Appeal No. 41 of 2016, Anuradha Gupta versus Manager Disciplinary Committee D.A.V. Public School and Others whereby as a consequence of it the judgment has been rendered on 29/5/2018 by the Educational Tribunal/Additional District Judge, Kotdwar, Pauri Garhwal (Uttarakhand). In fact while passing the order, which contemplated the imposition of major penalty a certain directions has been issued by the Educational Tribunal thus deciding the matter on 29/5/2018. This judgment of the Educational Tribunal has also been put to challenge by the Committee of Management of the D.A.V. College itself in the connected matter that is in Writ Petition (M/S) No. 2119 of 2018.

(2.) A very peculiar situation which has emerged to be considered by this Court in the present writ petitions and as it has been jointly argued, that by virtue of a notification issued by the State being Notification No. 240-1/Judicial/05 dtd. 5/7/2005, the State in compliance of the directions issued in para 64 of the TMA Pai Foundation judgment as reported in AIR 2003 Supreme Court Cases 2003 355 TMA Pai Foundation and others vs. State of Karnataka and Others the State has constituted a tribunal and while constituting the same it was an officer of the rank of District Judge, who has been directed to constitute a Tribunal for the purposes of deciding the matters pertaining to the private institutions. The relevant part of the notification is extracted hereunder:-

(3.) If the notification of the State is taken into consideration, in fact it's a District Judge, who has been exclusively vested with the jurisdiction to decide the matters in the light of the judgment of TMA Pai Foundation in relation to the private Institutions.