IN-CHARGE ACHARYASHRI Vs. CHAVDA MANJIBHAI GOVINDBHAI

JUDGEMENT

(1.) This petition under Article-226 and 227 of the Constitution of India is filed with following prayers:

(2.) Essentially, the argument of the learned Advocate for the petitioner - School Administration is that the order passed by the Tribunal is self contradictory. The issue is in a narrow compass that the Tribunal has allowed an Appeal and Application of the respondent-Teacher on the ground that there are two orders of dismissal; one which was prior to the statutory approval by the District Education Officer and one subsequent to such approval by the District Education Officer.

(3.) Learned Advocate for the petitioners submitted that if the order of dismissal is to be passed after prior sanction of the District Education Officer, in that case, the proceedings for approval were already pending and therefore, the Tribunal has committed an error in treating the order of dismissal prior to approval as effective order of dismissal thereby setting aside such order and at the same time, the order which was passed after prior sanction of the District Education Officer to be Non-est order in view of the fact that the relation between the School and the Teacher were already terminated. It is submitted that both these findings cannot go hand in hand and either of the one has necessarily to be accepted.