VITTHAL PANDHARINATH DHERE Vs. KEDARNATH SHIKSHAN SANSTHA

JUDGEMENT

(1.) BY the present writ petition, the petitioner has impugned the judgment and order of the School Tribunal, Pune, whereby the appeal filed by the petitioner is dismissed. By the said appeal, the petitioner had challenged the termination order passed by respondent Nos. 1, 2 and 3.

(2.) BRIEFLY stated the facts giving rise to the present petition are as follows : the petitioner was appointed as Assistant Teacher in the Shree Kedar High School of which one Mr. M. S. Patil was the Head Master. This appointment had taken place on 24th June 1985 and although no appointment letter was received, the admitted position is that the petitioner was appointed on probation of two years. It is the petitioners contention that on the completion of one year, the petitioner was given annual increment in service and that during his tenure, the results of the standards to which he was teaching were excellent. On 31st March 1987, a notice of termination was issued by the said School authority simply stating that for the Academic Year starting from 15th June 1987, the petitioners services were not required and, therefore, on the completion of the Academic year on 30th April 1987 he was required to hand over charge. Thus a months notice was given to the petitioner. Being dissatisfied with the said order, the petitioner preferred an appeal to the School Tribunal, Pune and as mentioned above, the appeal having been decided against the petitioner, the present petition is preferred.

(3.) MR. Langote, the learned Counsel appearing for the petitioner submitted that there was no material before the management to have prompted the management to terminate the services. In fact it was his grievance that the alleged material on the basis whereof the resolution passed by the management terminating the services if tested objectively would show that in fact there was no material before the school authorities. He submitted that under section 4 (6) of the Maharashtra Employees of Private Schools, (Conditions of Service) Regulations Act, (hereinafter referred to as the said Act), no employee of a private school can be suspended, dismissed or removed or his services can be otherwise terminated or he can be reduced in rank, by the management, except in accordance with the provisions of this Act and the Rules made in that behalf, meaning thereby that the services were not properly terminated and that by using the excuse of terminating the services simpliciter, in fact a stigma was attached to his character.