The Court dismissed the writ petition filed by the headmaster challenging a School Tribunal judgment. The Court held that only the management could challenge the order and that the filing of contempt proceedings did not alter the proper parties for the writ petition.
The writ petition was dismissed with no order as to costs.
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
APPELLATE SIDE CIVIL JURISDICTION
WRIT PETITION (ST) NO. 22108 OF 2014
Shri Suresh Bhujang Jadhavar
….Petitioner.
Vs.
The State of Maharashtra & ors
….Respondents.
Mr. A.R. Rayani for the Petitioner. Ms. S.S. Bhende, AGP for the Respondent No.1State.
CORAM : SMT. VASANTI A. NAIK AND C.V. BHADANG, JJ.
DATE : 23.01.2015
P.C.:
By this Petition, the Petitioner challenges the judgment of the Presiding Officer, School Tribunal (Solapur) dated 23.04.2014 allowing an Appeal filed by the Respondent No.2 under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act and directing the management to reinstate the Respondent No.2 in service with continuity of service and back wages.
It is informed to this Court by the learned counsel for the Petitioner that after the School Tribunal allowed the Appeal filed by the Respondent No.2, the Respondent No.2 has filed contempt proceedings in the School Tribunal against the management as well as the Petitioner, who is the
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headmaster of the School in which the Respondent No.2 is working. The Petitioner has therefore challenged the judgment of the School Tribunal in this writ petition.
The management has challenged the judgment of the School Tribunal in a writ petition filed under Article 227 of the Constitution of India. The Petitioner may have joined himself as a Petitioner in the said Petition as the Petitioner is only joined as a party Respondent to the Appeal filed by the Respondent No.2 as he is the Principal/Headmaster of the School in which the Respondent No.2 was employed. Merely because a contempt petition is filed against the Petitioner in the school Tribunal, the present writ petition cannot be filed. Even otherwise, it would be for the management to pay the arrears of salary to the Respondent No.2 and reinstate him in service.
In the result, the petition fails and is dismissed with no order as to costs.
(C.V. BHADANG, J.) (VASANTI A. NAIK, J.)
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1 issue framed by the court
Whether a writ petition can be filed against the Headmaster when the management is the proper party to challenge the School Tribunal's judgment.
2 provisions across 2 enactments
Shri Suresh Bhujang Jadhavar
The State of Maharashtra & ors
VASANTI A. NAIK
C.V. BHADANG
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
