SHISHU VIDYAPEETH BENGALI GIRLS HIGHER SECONDARY SCHOOL, G C FY ESTATE, JABALPLUR Vs. ANUSUA DAS SHARMA AND OTHERS

JUDGEMENT

(1.) Both the appeals take an exception to the order dated 10-11-2016 passed by the learned Single Judge whereby the writ petition filed by the respondent No.1 Smt. Anusua Das Sharma has been allowed. The order dated 27-12-2013 passed by the appellant institution appointing the respondent No.5 Smt. Nina Pramanik as In-charge Principal has been quashed. The respondent No.3, District Education Officer, Jabalpur has been directed to take appropriate action against the educational institution within a period of one month from the date of receipt of the certified copy of the order and the respondents No.1 to 4 have been directed to consider the case of the petitioner-respondent No.1 for promotion to the post of Principal and if she is found fit, she be promoted from the due date.

(2.) The factual expose adumbrated in a nutshell : The respondent No.1 filed a writ petition submitting that for the purpose of promotion, service conditions of the petitioner are governed by the Rules, namely, Madhya Pradesh Private Educational Institutions (Promotion of Teachers and other Employees working in the Schools) Rules, 1988 [for brevity 'the Rules 1988'] framed under the Madhya Pradesh Ashaskiya Shikshan (Adhyapakon Tatha Anya Karmchariyon ke Vetano ke Sanday) Adhiniyam, 1978 [hereinafter referred to as 'the Adhiniyam 1978']. The petitioner was appointed on the post of Lower Division Teacher (LDT) thereafter, she was promoted on the post of Upper Division Teacher (UDT).

(3.) It is contended that the petitioner is a teacher, who is receiving salary from the grand-in-aid received by the institution from the Government. The grievance of the petitioner is that the respondent No.5, who is not included in the grant-in-aid staff of the institution, has been given the charge of the Principal, although as per the Rules 1988, the seniority of teachers in the aided institution shall be prepared only amongst those teachers who are receiving salary from grant-in-aid. It is further submitted that in accordance with the provision of Rule 3(1) & 3(2), such candidates are entitled to be promoted by the Committee as specified therein.