Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maharashtra· Employees of Private Schools (Conditions of Service) Regulation Act 197 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Maharashtra· Employees of Private Schools (Conditions of Service) Regulation Act, 1977-s.9- Post of Trained Graduate Teacher - Respondent was appointed purely on temporary basis - He was terminated on expiry of period prescribed in the appointment letter - Respondent challenged termination on the ground that his appointment was liable to be considered as permanent since the same was against the permanent vacancy created by the resignation of previous employee and also that he belonged to the reserved category for which the post had been advertised and as such there was no justification whatsoever for not treating his appointment as permanent - School Tribunal accepted respondent's case -Appellant-society filed writ petition before the High Court~ By interim order, High Court required the appellant-society to engage respondent on a year to year basis -After about 2 years of reinstatement in terms of interim order, respondent sought leave to contest elections which was declined - However, respondent contested the election and did not tender his resignation in terms of r.42(3) of 1981 Rules as was advised by appellant society-Appellant-society again terminated the services of the respondent- Termination was upheld by School Tribunal - High Court set aside termination - On appeal, held: It is apparent that the respondent did not fulfill the desired qualification for occupying the permanent vacancy as he did not fulfill educational qualification of Sanskrit - Under r.9(9)(a), candidates can only be appointed on temporary basis, or on a year to year basis, when none of the backward class candidates is found suitable - Accordingly, respondent was not eligible for filling up vacancy on a permanent basis - His appointment was in conformity with r.9(9)(a) of the 1981 Rules-Thus, first order of termination of the respondent's services was not only in consonance with his appointment order but was also in conformity with the statutory rules - Secondly, respondent despite being asked, did not abide the requirements indicated in the proviso to r.42(3) - Having abstained from duties without leave, it was open to the appellant-society to dispense with his services - Thus both the orders of termination were in consonance with law - Service law - Maharashtra Private School Employees (Condition of Service) Rules, 1981 - r.9(9)(a). |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2015 INSC 715 |
Petitioner | Jeles Education Society & Ors. |
Respondent | Rt. Bhitale |
SCR | [2015] 11 S.C.R. 878 |
Judgement Date | 2015-09-30 |
Case Number | 4606 |
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