LATHA UCHIL Vs. CHAIRMAN RAGHAVENDRA SWAMY EDUCATION TRUST

JUDGEMENT

(1.) Rule. Heard forthwith.

(2.) The petitioner in Writ Petition no. 1792 of 2005 joined the respondent No. 2 school on 15. 06. 1987. Petitioner's qualifications are B. A. B. Ed. The petitioner's initial appointment was on probation and by order dated 15th June, 1989 petitioner was made permanent. The respondent No. 2 is an unaided primary school, recognised by respondent No. 5 and petitioner was teaching in the primary section of the school. She was promoted as Head Mistress of primary section with effect from 14th June, 1999 and was functioning as Head Mistress till 1st June, 2004 and according to her she was forced to resign from the said post at the instance of respondent no. 3. In the course of academic year 2004-05, there were 8 teachers including petitioner and there were 8 divisions. There was no teacher who was on temporary basis. On account of respondent No. 3 claiming to act as trustee and interfering in the administration of the school, differences have arisen between the management and the teachers. There was correspondence exchanged between the teachers and respondent management. On 15th june, 2005 on re-opening of the school for the academic year 2004-2005, the teachers were asked not to proceed to the class room. The petitioner reported for duty on 15th June, 2005 and was allowed to teach in the class. While she was teaching, she was handed over an order of dismissal which the petitioner received under protest. The petitioner has moved this court on account of this order of dismissal, as according to the petitioner the provisions of grant-In-Aid Code, do not provide for dismissal without enquiry and no appeal is also provided against such dismissal/termination.

(3.) The petitioner in Writ Petition no. 1793 of 2005 joined the school on 18. 06. 1987 and was confirmed as permanent teacher on 13. 06. 1989. She possesses qualification of B. A. B. Ed. Her services also came to be terminated in a like manner as petitioner in Writ Petition No. 1792 of 2005 by order dated 15th June, 2005 while she was teaching.