TERESA LOPES Vs. CARMELITE CONVENT ENGLISH HIGH SCHOOL

JUDGEMENT

(1.) BY this petition, the petitioner seeks the relief of being reinstated with all back wages, increments and other benefits as Assistant Teacher in Carmelite Convent English High School, Sandor, Bassein (Vasai) in District - Thane.

(2.) CARMELITE Convent English High School is a Convent School at Sandor, Bassein (Vasai) in Thane District. It is owned and managed by the Christian Missionary. The petitioner had passed her S. S. C. Examination in the month of March, 1969. As from 11th June, 1969, the petitioner was appointed as Assistant Teacher in Carmelite Convent English High School, the 1st respondent herein. According to the petitioner, she attended Kasturba College for Women situated at Andheri, Bombay - 400 058 which was associated with Prayag Mahila Gram Vidyapith which was affiliated to University of Allahabad. It is also the case of the petitioner that through the said College, she did her External Course of Bachelor of Arts in the year 1972 from the Allahabad University and got a certificate of graduation which was produced before the Principal of the 1st respondent-School. In the month of January, 1987, the verification and compilation of service books or records of the teachers employed with 1st respondent-School commenced and all the teachers in the 1st respondent-School were called upon to produce the original qualification certificates held by them. The petitioner was also called upon to produce the original certificate in respect of her Graduation Degree qualification. On 13th January, 1987, the petitioner produced the certificate dated 31st December, 1972 pertaining to her degree of Bachelor of Arts alleged to have been issued by the University of Allahabad. Thereupon, the Principal of the 1st respondent-School made enquiries with the University of Allahabad as regards the genuineness of the said certificate produced by the petitioner. Since, on enquiries made from the University of Allahabad, it was revealed that the said degree certificate produced by the petitioner was not genuine, a letter dated 23rd January, 1987 was addressed by the Head of the 1st respondent-School to the petitioner, inter alia, informing the petitioner that the said certificate produced by her was found to be a forgery. A xerox copy of the statement made by the Dy. Registrar, University of Allahabad confirming that the said certificate was a forged one was also forwarded to the petitioner alongwith the said letter dated 23rd January, 1987. By the said letter, the petitioner was called upon to show cause as to why disciplinary proceedings should not be taken against her and a complaint be filed with the Police for submitting a forged certificate. The petitioner chose not to reply to the said letter.

(3.) ON 12th February, 1987, the petitioner addressed a letter to the Registrar, University of Allahabad, inter alia, disputing that the said certificate was a forged one. According to the petitioner, no reply to the said letter was received by her. However, the petitioner did not pursue the matter with the University of Allahabad. By the letter dated 5th March, 1987 served upon the petitioner, the services of the petitioner as Assistant Teacher with 1st respondent-School were terminated with effect from 6th March, 1987. On 17th March, 1987, the petitioner preferred an appeal to the School Tribunal, Bombay, challenging the said order terminating petitioners services. As per the order passed on 31st March, 1987, the appeal of the petitioner filed under section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1978 was partly allowed to the extent that the termination of services of the petitioner with effect from 6th March, 1987 was set aside. However, instead of reinstating the petitioner in the 1st respondent-School with back wages, the School Tribunal directed the 1st respondent-School to pay to the petitioner her emoluments for six months by way of compensation. Being aggrieved by the said order passed on 31st March, 1987, granting six months emoluments to the petitioner in lieu of reinstatement with back wages, the present petition had been filed by the petitioner.