Mishra and Navin Sinha, Jj.] vs Asha Srivastava & Ors.

Court

Supreme Court of India

Date

14 February 2019

Case No.

Civil Appeal No. 9166 of 2013

Result

Dismissed

Bench

Arun Mishra, Navin Sinha

Citation

[2019] 2 S.C.R. 722 : 2019 INSC 198

Headnote

Constitution of India: Art. 226 – Writ petition – Maintainability of – Termination of school teacher – Challenge to – Writ application filed by the school teacher against private school – Dismissed by the Single Judge of the High Court on the ground that the school was not a recognised primary school by State Government but a privately managed primary school, thus, the writ application was not maintainable – Division Bench held that the writ application was maintainable – Termination order was set aside and the school teacher was allowed to join appellant school with the full entitlement of salary, allowances and service benefits – On appeal, held: Writ Application is maintainable even as against the private unaided educational institutions since providing education to children is a public function – Appointment was, at first instance, on probation for two years – Approval of the appointment from the District Inspector of Schools had been made with retrospective effect and no approval was obtained for the purpose of removal – Government also pleaded in its reply that approval of appointment was made necessary considering the arbitrariness in the appointments which was prevailing, and once approval for appointment was necessary there is no doubt that approval for removal was also necessary – Order of dismissal was passed in the most arbitrary manner without holding a departmental enquiry – Thus, the order of the Division Bench upheld – Issuance of direction to grant back wages to the school teacher – Service law.

Committee of Management, Delhi Public School & Anr. v. M.K. Gandhi & Ors. (2015) 17 SCC 353; Sushmita Basu & Ors. v. Ballygunge Shiksha Samity & Ors. (2006) 7 SCC 680 : [2006] 6 Suppl. SCR 506;

Satimbla Sharma & Ors. v. St. Paul’s Senior Secondary School & Ors. (2011) 13 SCC 760 : [ 2011] 10

SCR 203 - distinguished.

Ramesh Ahluwalia v. State of Punjab & Ors. (2012) 12 SCC 331 : [2012] 12 SCR 315 ; Raj Kumar v. Director of Education & Ors. (2016) 6 SCC 541 : [2016] 1 SCR 697 ; Anoop Jaiswal v. Government of India & Anr. (1984) 2 SCC 369 : [ 1984] 2 SCR 453 –

referred to.

The following Order of the Court was passed ORDER 1. The main question for consideration in the appeal is as to maintainability of writ petition as against private school receiving grant in aid to the extent of dearness allowance. The appeal has been filed against the judgment and order dated 30.1.2009 passed by the Division Bench of the High Court of Calcutta whereby the appeal filed by respondent No.1 was allowed directing his reinstatement along with back wages. 2. The facts of the case are that respondent No.1 herein applied for the post of Assistant Teacher in the year 1985 and after t

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