JAYDEO Vs. ADARSHA BAHU UDDESHIYA MANDAL

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard by consent.

(2.) This petition, filed by a school teacher, concerns cancellation of his appointment as an assistant teacher. The appointment was cancelled on the ground that the Petitioner, who originally claimed it as a member of Halba Scheduled Tribe, does not possess a Caste Validity Certificate of that tribe. The Petitioner's appeal challenging the order of the school management in this behalf is pending before the Presiding Officer of School Tribunal, Nagpur. The petition seeks directions for expeditious hearing of his appeal and in the meantime, stay of the impugned order of the school management.

(3.) The petition raises an important question as to the doctrine of precedent, particularly concerning the effect of a precedent on the judgments rendered before the law was declared by the higher court. By an order dated 31 January 2005, the Petitioner's service was originally terminated by the management. That order was confirmed by the School Tribunal. The Petitioner's writ petition challenging that confirmation was allowed by this Court and the order was quashed. It is submitted that by reason of a judgment rendered by the Supreme Court later, the earlier judgment of this Court by which the Petitioner's termination from the service was set aside, has been impliedly overruled and the respondent management is not bound by the same. The correctness and propriety of this submission is the subject matter of the present petition.