PRINCIPAL Vs. ALPHANANSA FERNANDIS

JUDGEMENT

(1.) BY way of this petition under Articles 226 & 227 of the Constitution of India, the petitioner institution has challenged the legality and validity of the judgment and order passed by the Gujarat Primary Educational Tribunal dated 10th May, 1996 passed in application No. 157/94.

(2.) THE facts leading to the present Special Civil Application in nutshell are as under : -

(3.) SHRI H.J.Nanavati, learned advocate appearing for the petitioner has vehemently submitted that the tribunal has materially erred in holding that the respondent employee was serving in the primary section on permanent basis. It is submitted that in fact, the respondent employee was never appointed as a primary teacher in the primary section. In fact, subsequently, the respondent teacher applied in K.G. section and thereafter filed application before the tribunal. He has also further submitted that even otherwise, as held by the learned Single Judge of this Court in a judgment rendered in Special Civil Application No.2463/1997, if the appointment is without following any procedure and the teacher is not possessing the requisite qualification of primary teacher, Section 40(B) of the Act would not be applicable. Therefore, it is requested to allow the present Special Civil Application and to quash and set aside the judgment and order passed by the tribunal.