CHHAGANBHAI P OZA Vs. AHMEDABAD JESUIT SCHOOLS SOCIETY

JUDGEMENT

(1.) Are the services of a teacher liable to be terminated at the pleasure of the institution which has employed him or whether such a teacher is entitled to any protection under sec. 36 of the Gujarat Secondary Education Act of 1972 (hereinafter referred to as the Act) is the central issue raised in this petition under Article 227 of the Constitution of India (it has been styled to be a petition under Articles 226 & 227 but inasmuch as it is directed against an order of a Tribunal it in fact falls within the four corners of Article 227 only) by a teacher whose services have been terminated otherwise than by way of a penal action for misconduct.

(2.) The petitioner was engaged as a permanent teacher in 1970 by respondent No. 1 Society which is running a High School at Gandhinagar known as St. Xaviers High School. The respondent institution had served a notice Annexure A dated February 28 1975 calling upon the petitioner to show cause why his services should not be terminated The notice in question was in the following terms :

(3.) Sec. 36(1) which has given rise to serious controversy in the present matter requires to bequoted in order to appreciate the nature and content of the controversy. It reads as under :