The division bench held that the appellant violated Section 5 of the Private Schools Regulation Act regarding entry and training. No relief was due, and the Letters Patent Appeal was dismissed, upholding the Single Judge's judgment.
Letters Patent Appeal rejected; order of the learned Single Judge upheld.
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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181lpa3.12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR LPA NO. 3/2012 IN WRIT PETITION NO. 2433 OF 2000
(Madanlal Asaramji Chomuwal vs. Grammodhar Shikshan Sanstha & Ors.)
Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.
Court's or Judge's orders
CORAM : B.P. DHARMADHIKARI & P.D. KODE, JJ. JANUARY 18, 2012.
Heard Shri Parchure, learned counsel for the appellant and Shri Jichkar, learned AGP for respondents No. 3 & 4.
It is apparent that the appellant has not entered the services in accordance with Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1979. The extension of time to obtain requisite training qualification does not amount to condoning that requirement. The appellant has not demonstrated that after he secured necessary training qualification, the procedure as required by Section 5 of the Act was followed and, therefore, he was entitled to occupy the permanent post and could have been appointed on probation.
In this situation, no case is made out warranting interference with the judgment of learned Single Judge. Letters Patent Appeal is rejected.
JUDGE JUDGE
*GS.
3 issues framed by the court
Whether non-compliance with Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1979 vitiates the refusal to confirm an employee despite an extension for
Whether an extension of time to obtain training amounts to condoning the requirement of the Act.
Whether the High Court should interfere with the Single Judge's judgment refusing leave to appeal.
1 provisions across 1 enactments
Madanlal Asaramji Chomuwal
Grammodhar Shikshan Sanstha
B.P. DHARMADHIKARI
P.D. KODE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
