SATSANGI SHISHUVIHAR KELAVANI TRUST Vs. P N PATEL

JUDGEMENT

(1.) The petitioner-registered trust in the first petition challenges the order of the Tribunal under the Gujarat Secondary Education Act 1972 (hereinafter referred to as the Act) dated September 1 1975 at Annexure C by which the Tribunal has declared invalid the notice terminating the services of opponent No. 1 teacher and it has further declared that opponent no 1. teacher continued in service and would be entitled to receive his hack wages. Opponent No. 1 was engaged in this school on June 11 1973 as a probationer. A show cause notice was issued to this teacher on April 4 1975 at Annex A on various grounds mentioned in the said notice. The teacher had submitted his reply on April 9 1975 The management had proposed termination of the service of this teacher and had sought approval of the D.E.O. under sec. 36(1)(b) of the Act as the D.E.O. was the officer authorised in this behalf by the Board. This proposal was received by the D.E.O. on April 16 1975 The D.E.O. kept the matter for hearing on April 28 1975 The management during the pendency of this proceeding by the order at Annex. B dated June 18 1975 terminated the services of opponent No. 1 on the ground that considering his conduct and as he was on probation his further continuance in service was not considered to be in the interest of the school. It was further stated in the said order that his explanation was not satisfactory and as the approval against the proposed action had been sought from the D.E.O. who had heard the parties but as within the prescribed period his approval order had not been received under sec. 36(2) the said action was deemed to have been approved by the said officer and therefore the services of opponent No. 1 on the expiry of his pro- bationery period were terminated. The D.E.O. had passed the order dated June 13 1975 refusing approval which however had been received by the school authorities only on June 21 1975 The aggrieved teacher had therefore moved the Tribunal by raising a dispute under sec. 38(1) in respect of this order terminating his services by an application made to the Tribunal on June 23 1975 and the management had also filed an appeal against the D.E.Os order before the Tribunal on June 30 1975 In both the proceeding the Tribunal passed this common order. It set aside the order terminating the services of this teacher and reinstated him as aforesaid with back wages and the appeal filed by the managing trustee had also been dismissed. That is why petitioner No. 1 the trust along with its manager petitioner No. 2 have challenged the aforesaid order of the Tribunal in this petition.

(2.) Mr. Patel raised four points in this petition:

(3.) Before we go into the relevant contentions in both the petitions it would be proper to consider at the outset the relevant scheme of the Act. The Act has been enacted for regulation of secondary education in the State of Gujarat and to establish a Board for that purpose and it has received assent on September 28 1973 Under sec. 2 (u) secondary education has been defined as education including post-basic education in such sub- jects from eight standard upto such standard as may by general of special order from time to time be determined by the State Government. Under sec. 2(v) secondary school is a school imparting secondary education. Section 3 provides for the constitution incorporation and powers of the Board viz. Gujarat Secondary Education Board which consists of ex- officio members elected members and nominated members as provided therein Under sec. 17 the Board his wide administrative powers including those of financial control and under clause (8) to recommend to the State Government a cut in maintenance grant after giving a reasonable opportunity of being heard to the management of the school if the Board was of the opinion that a registered school had failed to observe any of the conditions of registration or that it was conducted or had failed to carry out any instructions issued by the Board to ensure maintenance of academic standards in secondary education. The Board prescribed educa- tional standards and was entrusted with the entire educational policy. Under clause (11) it could prescribe the standards including qualifications for appointment of the staff of a registered school and the standard re- quirement in respect of building laboratory library furniture equipment stationery and other article for conducting registered schools. Under clause (13) the Board has to prepare and maintain a register containing names of candidates qualified to be appointed as teachers in registered private secondary schools in the State and also under clause (14) a register containing names of teachers who are willing to be selected for appoint- ment as teachers in other registered private secondary schools in the State under clause (15) it has to circulate the registers prepared under causes (14) and (15) among the registered private secondary schools. Under clause (16) it has to exercise proper and effective control on the academic performance and conduct of head masters and teachers of registered private secondary schools and to issue instructions to the management of such schools. Under clause (24) the Board has to cause academic inspection of registered schools by a person authorised by it and to take measures to ensure that proper standards of education are maintained therein and that adequate library and laboratory provisions are made therein. Under the material clause (26) the board could lay down qualifications methods of selection and conditions of appointment promotion and termination of employment and rules for conduct and discipline of the headmaster and the teaching and non-teaching staff of registered private secondary schools. Under clauses (43) and (44) the Board could make regulations for purposes of carrying into effect the provincial of the Act and could do all other such acts and things as may be necessary to carry out the purposes on the Act which it had been duly empowered. Chapter IV deals with registration and under sec. 31(1) no person shall impart secondary education through a school unless such school is regis- tered under the provisions of the Act. Chapter V lays down the procedure for taking over management of registered schools. Chapter VI which is material for our purposes deals within the provisions relating to services in registered private secondary schools.