In a significant legal development, the Division Bench of the High Court clarified the jurisdiction in the case related to the termination of a private school teacher. The appellant, originally appointed as a Sanskrit teacher, challenged his termination by the Managing Committee. The Supreme Court’s ruling sheds light on the role of private schools and their committees in termination matters. Let’s delve into the details of this noteworthy case.
Facts
- The appellant filed L.P.A. NO.670 of 1999 before Division Bench of the High Court after being aggrieved by the termination of his service on 23.12.1994.
- Appellant was originally appointed as a Sanskrit teacher on 01.01.1985.
- Show cause notice was issued to the appellant on 06.09.1994 by the School Department.
- On 01.10.1994, the appellant was informed of his suspension due to absence on the eve of Independence Day and Teachers’ Day.
- The Division Bench of the High Court of Patna affirmed the judgment of the learned Single Judge, holding that the Management Committee of the private schools is not considered ‘State’ under Article 12 of the Constitution of India, making the writ petition of the appellant not maintainable.
- The Division Bench dismissed the L.P.A filed by the appellant and affirmed the order passed by the learned Single Judge.
- The matter was remanded back to the Chairman, Bihar Sanskrit Shiksha Board for reconsideration.
- The appellant filed a writ petition seeking to quash the order dated 13.12.1997 after being aggrieved by the remand decision.
- Learned Single Judge relied on a previous judgment and dismissed the writ petition stating it is not maintainable in matters related to termination by the Managing Committee of a private school.
- The appellant was directed to agitate his rights before the Chairman of the Bihar Sanskrit Shiksha Board, who later found the termination of the appellant to be disproportionate and directed reinstatement.
- The Division Bench clarified that the consent order passed by the High Court does not confer jurisdiction on this Court and does not make the Managing Committee “State” under Article 12 of the Constitution of India.
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Analysis
- The Division Bench of the High Court relied on the case of Chandra Nath Thakur v. The Bihar Sanskrit Shiksha Board & Ors., 1999 (1) PLJR 529.
- It held that a teacher of a privately managed school, even if financially aided by the State Government or the Board, cannot file a writ petition against a termination order issued by the Management Committee.
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Decision
- After reviewing the arguments and evidence presented by both counsels and examining the documents on record, no new grounds were found to change the existing view.
- As a result, the appeal has been rejected.
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Case Title: TRIGUN CHAND THAKUR Vs. STATE OF BIHAR
Case Number: C.A. No.-010003-010003 / 2010
