MANJULATA PANDEY Vs. SARASWATI SHIKSHA PARISAD

JUDGEMENT

(1.) BY this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has sought the quashment of her termination order dated 2-7-1999 (Annexure P-3) as well as order dated 31-7-2000 (Annexure P-6) passed by the Appellate Authority dismissing her appeal.

(2.) SANS unnecessary details the facts lie in a narrow compass that the petitioner was serving on the post of Acharya in the institution of respondent No. 2 Saraswati High School which is a non-aided institution. As per the case of the petitioner, she was appointed vide order dated 23-7-1991 (Annexure P-1) and thereafter she did serve for a considerable period and ultimately on 2-7-1999 without assigning any reason or without affording any opportunity of hearing to the petitioner, against the principles of natural justice her services were terminated. Against her termination, she preferred an appeal before the Appellate Authority who vide order dated 31-7-2000 (Annexure P-6) dismissed the appeal and confirmed the termination order. Hence this petition has been filed with a prayer to invoke the extra-ordinary jurisdiction conferred to this Court under Articles 226 and 227 of the Constitution of India.

(3.) IN the return submitted by respondent No. 1, it has been contended that the character and conduct of the petitioner was not in accordance to the spirit of the institution for which it has been constituted. The institution has been constituted in order to maintain high standard of Indian culture and tradition and hence after due consideration the Executives of the School passed a resolution on 29-6-1999 and in accordance to the said resolution, the services of the petitioner were terminated. However, it was not disputed that the petitioner was appointed on the post of Acharya on 23-7-1991. The respondent No. 1 by filing its return submitted that the decision taken by the Appellate Authority is in consonance to the law and no interference is required.