T SANJEEVA RAO Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) The writ appeal is directed against the order of the learned Single Judge dated 20.1.2010 passed in W.P.No.13045 of 2006 filed by the appellant. The learned Judge, under the impugned order, while dismissing the writ petition filed by the appellant, has held that the second respondent/school, being a minority school, is not having an obligation of constituting a School Committee for the purpose of dealing with disciplinary proceedings against teaching and non-teaching staff and, therefore, held that the order passed by the second respondent/school in removing the appellant from service as a teacher cannot be said to be illegal.

(2.) The said order of the learned Single Judge is questioned by the appellant on various grounds, including:

(3.) 1. Mr.R.Subramanian, learned counsel for the appellant would vehemently contend that when once Section 22 of the Act explicitly contemplates prior approval in case of dismissal or removal from service, one cannot say that the said provision will not apply to a minority institution. Even though he would admit that the second respondent/ School claims itself to be a religious minority institution, he would contend that inasmuch as Section 22 of the Act contemplates the procedure to be followed and the same has not been heeded to, the order of removal has to be set aside, especially when the second respondent/school, admittedly, is a fully aided minority institution.