ANJUMAN KHAIRUL ISLAM Vs. ZULEKHA MAZHAR HUSSAIN

JUDGEMENT

(1.) THE petitioners seek to impugn an order dated 1st February, 1996 of the Presiding Officer, School Tribunal, Mumbai. The School Tribunal, by its order, has set aside an order dated 19th April, 1994 passed by the petitioners, terminating the service of the first respondent as an Instructor in the Junior College of Education. A direction has been issued to reinstate the first respondent with back wages after deducting the salary which was earned by the first respondent in a School at Valsad.

(2.) THE First Respondent passed her B. A. examination from the University of Mumbai in 1985 with Psychology and Sociology. The B. A. degree course is an integrated course of three years, and the subjects offered by the first respondent included English (compulsory and optional), Hindi, English Literature, Sociology, Scientific Method Foundation Course, Mathematics, Communication and Child Psychology. The medium of instruction through which the first respondent completed her B. A. was English. She was employed from time to time upon the completion of her B. A. in several institutions. The schools where the first respondent worked included the following :in 1988, while the first respondent was employed by Dawoodbhoy Fazalbhoy English Primary School, she took admission for the B. Ed. correspondence course of Annamalai University for the academic year 1988-89. The first respondent appeared for the B. Ed. Examination and passed the said examination in December, 1989. Upon passing the examination, the first respondent continued in service of the Dawoodbhoy Fazalbhoy Primary School where, as stated earlier, she had been regularly appointed as an Assistant Teacher. The marksheet of the first respondent for the B. Ed. examination which is annexed to the Affidavit in reply of the first respondent shows that the first respondent had appeared for the written examination as well as the practical examination conducted by Annamalai University and the syllabus included examinations in English and Social Studies.

(3.) ON 14th May, 1993, the first respondent applied to the first petitioner for appointment in a vacancy on a post of English Teacher or Instructor. The first respondent was interviewed on 22nd June, 1993 by a Selection Committee consisting of five members, four of whom were the heads of High Schools and one of a Junior College. At the time of the interview, the first respondent tendered the original certificates and documents. The interview sheet which was filed before the School Tribunal contains a detailed reference to the qualifications of the first respondent and to her training and work experience including the fact that she was holding the post of a permanent teacher in the Dawoodbhoy Fazalbhoy Primary School. The appointment of the First respondent was duly recommended by the Selection Committee and on 22nd June, 1993 a letter came to be issued to her intimating to her that she had been selected for appointment as an Assistant Teacher in the Junior College of Education with immediate effect in a clear vacancy. The appointment was to be on a probationary basis for a period of one year subject to the completion of satisfactory demonstration and a verification of the original certificates. The first respondent was informed that the formal order of appointment would be issued after she had satisfactorily performed demonstration lessons before the Principal of the Junior College of Education. The first respondent sought a little time in order to enable her to complete the formalities required for her being relieved from the existing institution in which she was then employed as a permanent teacher.