MANAGEMENT OF S.D. MODEL SENIOR SECONDARY SCHOOL & ANOTHER Vs. DISTRICT JUDGE-CUM-SERVICE TRIBUNAL & ANOTHER

JUDGEMENT

(1.) The present revision petition along with other similar petitions has been placed before this Bench on a reference made by the learned Single Bench of this Court formulating the following questions for consideration of the Larger Bench:

(2.) In T.M.A. Pai Foundation's case , the Supreme Court inter alia observed that the teachers and the institutions exist for the students and not vice versa. Where allegations of misconduct are made, it is imperative that a disciplinary enquiry is conducted and that a decision is taken. In the case of a private institution, the relationship between the Management and the employees is contractual in nature. It was observed that the Management of a private unaided educational institution should conduct disciplinary enquiry keeping in view the principles of natural justice. It was observed as under:

(3.) Later, answering question No. 5, the Supreme Court observed as under: