The Single Judge dismissed a writ petition under Article 226 by an Assistant Teacher seeking relief against a termination order of 1988. The court held that the petitioner had neglected the alternative remedy of filing an appeal before the School Tribunal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7708 OF 2011
Mrs. Janak Rani Umeshchandra Varshaney
.. Petitioner
Vs.
The Chairman
Sainath Education Trust and
4 ors.
.. Respondents
Mr. G. H. Mohanty for petitioner. Mr. A.G. Kothari for respondent no.2. Mr. C.R. Sonawane, AGP for respondent nos.3 to 5.
CORAM: B. H. MARLAPALLE &
SMT. NISHITA MHATRE, JJ.
November 29, 2011.
P.C.
Heard. In this petition filed under Article 226 of the
Constitution, the petitioner seeks to impugn the order of termination dated 29/3/1988 and for a further direction to reinstate him with effect from
17/6/1986.
The petitioner had the remedy of filing an appeal against the
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order of termination dated 29/3/1988 before the School Tribunal and seek all consequential reliefs. He did not do so. 23 years later he seeks to challenge the order of termination and that too directly before this court by filing a writ petition under Article 226 of the Constitution. The petitioner was employed as an Assistant Teacher with Sainath Hindi High School run by the respondent no.1 – Society.
Hence, the petition is rejected.
(SMT.NISHITA MHATRE, J.) (B. H. MARLAPALLE, J.)
3 issues framed by the court
Whether a writ petition filed 23 years after the order of termination is maintainable when the petitioner had an alternative remedy.
Whether the remedy under Article 226 can be invoked after the alternative remedy before the School Tribunal was not pursued.
Whether an Assistant Teacher seeking reinstatement after 23 years of delay can bypass the statutory appeal remedy.
Mrs. Janak Rani Umeshchandra Varshaney
The Chairman Sainath Education Trust
B. H. Marlapalle
Nishita Mhatre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
