BENEDICT CRIZAL Vs. JOSEPHS HIGHER SECONDARY SCHOOL

JUDGEMENT

(1.) THE legality and correctness of the order of dismissal passed by the Manager of an educational institution, who acted as the complainant, prosecutor, witness and judge is the subject matter of this writ petition.

(2.) THE petitioner challenges the proceedings of the second respondent dated 29. 6. 2000 whereby and whereunder he was terminated from the service of St. Joseph Higher Secondary School, Vizhunthayambalam, Kanyakumari District. THE FACTUAL MATRIX:-

(3.) THE petitioner was appointed as B. T. Assistant on 4. 6. 1984, in the first respondent School. He was promoted as Head Master with effect from 1. 6. 1991. The School is a Private School as defined under Section 2 (7) of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1974. Eighteen teachers were employed in the said institution. Teachers in the non-sanctioned posts were employed for years together on the hope that they would be appointed either in the posts that would be sanctioned newly or in the vacancies caused due to resignation, death or retirement. However whenever such vacancies arose, the management used to employ fresh candidates instead of regularising the appointments made earlier. The teaching and non-teaching staff protested against the school management by organising demonstration in front of the school on several days during October and November, 1998.