PREM Vs. SANATAN DHARAM SHIKSHA SAMITI

JUDGEMENT

(1.) THE petitioner who worked as teacher-in-charge in the school managed and administered by respondent Educational Society by name Shri Sanatan Dharam Shiksha Samiti, for a period of about ten years, challenges in this petition the inpugned order dated 23-10-1981 (Annexure-L) and the order dated 8-11-1981 (Annexure-B), terminating her sendees from the school.

(2.) LAW is now settled that a registered educational society, receiving grant-in-aid from the State Government and controlled in the matters of its management and service conditions of its employees, governed by the provisions of an enactment such as, in the present case, by Madhya Pradesh Ashaskiya Shishan Sanstha (Adhyapakon Tatha Anya Karmchariyon Ke Vetano Ka Sandaya) Adhiniyam, 1978 (hereinafter referred to as 'the Act'), is amenable to writ jurisdiction of this Court. (See : Francis John v. Director of Education and Ors. , AIR 1990 SC 423 ).

(3.) THE petitioner was appointed in the school pursuant to an advertisement and after selection to the post of 'teacher-in-charge' by order of appointment issued in the year 1971. A disciplinary enquiry was held against her on charges, amongst others, of financial irregularities, indiscipline and insubordination. By order passed on 23-10-1981 (Annexure-L), the petitioner was found guilty of the charges levelled against her and by way of punishment, her status as 'teacher-in-charge' was taken away. But taking a sympathetic view of the matter on the basis of a letter of apology, submitted by her, it was directed that she would be permitted to continue her service as a teacher in the school. It was directed in the above letter that she might give her option in writing within a period of three days from the date of the order to continue her services in the school as a teacher. On her request the period of her re-joining as a teacher was alleged to have been extended up to 6-11-1981.