Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Shikshan Sevak Scheme |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Shikshan Sevak Scheme (0 of 2000) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Shikshan Sevak Scheme 2000 (in State of Maharashtra): Shikshan Sevak - Termination of services of - Jurisdiction of Grievance Redressal Committee - HELD: Grievance Committee cannot be a quasi-judicial forum nor can its decisions be made final ·and binding on parties in disputes relating to Shikshan Sevaks - Any order or opinion of the Grievance Committee on a complaint or grievance submitted by a Shikshan Sevak would be only recommendation to the State Government (Education Department) for taking further action - The direction of the High Court that when the grievance committee holds that the termination is bad, the Shikshan Sevak is deemed to continue E on the rolls of the management is, therefore, erroneous and· is set aside - It is open to Shikshan Sevak to seek appropriate remedy in accordance with law. Grievance Redressal Committee - Constitution of - High Court in writ petitions directing that the Committee should be headed by a retired District Judge, the Committee would give opportunity to the parties to fife their replies and that the Committee would be the only adjudicatory authority and no civil court would entertain any suit or application in respect of disputes which were required to be dealt with by the Committee - HELD: These changes by the High Court converted what was originally conceived by the State Government to be an administrative grievance redressal mechanism, into a quasi judicial adjudicatory Tribunal - Neither the Constitution nor any statute empowers a High Court to create or constitute quasi judicial Tribunals for adjudicating disputes - It has no legislative powers - Nor can it direct the executive branch of the State Government to create or constitute quasi judicial Tribunals, otherwise than by legislative Statutes - Therefore, it is not permissible for the High Court to direct the State Government to constitute judicial authorities or Tribunals by executive orders, nor is it permissible for the State by executive order or resolution to create them for adjudication of rights of parties - The High Court in exercise of the power of judicial review, cannot issue a direction that the civil courts shall not entertain any suit or application in regard to a particular type of disputes (in the instant case, disputes relating to Shikshan Sevaks) nor can it create exclusive jurisdiction in a quasi-judicial forum like the Grievance Committee - The High Court, cannot, by a judicial order, nullify, supersede or render ineffectual the express provisions of an enactment - Constitution of India, 1950 - Articles 162; 226, 233, 234 and 247; 323-A and 323-B - The Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977- Code of Civil Procedure, 1908-s.9 - Jurisdiction of Civil Court - Judicial Review. |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2011 INSC 427 |
Petitioner | The Secretary, Sh. A. P. D.jain Pathshala & Ors. |
Respondent | Shivaji Bhagwat More & Ors. |
SCR | [2011] 6 S.C.R. 1173 |
Judgement Date | 2011-07-04 |
Case Number | 4988 |
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