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The Patna High Court judgement was upheld by the Supreme Court that Article 12 of the Constitution of India will not constitute the Management Committee of a private school and the writ petition is not maintainable.
A private school teacher, Trigun Chand Thakur, a Sanskrit teacher was fired by the management committee due to his absence on eve of Independence Day and teachers day. He challenged his termination in Patna High Court which was dismissed by the court. The judge held that the termination of the jobs of teachers by the management was not maintainable.
The earlier judgement was referred in the High Court while upholding the single bench judgement, Chandra Nath Thakur vs. Bihar Sanskrit Shiksha board and others, 1999. The judgement held that even though a privately managed school was financially supported by the State Government, it cannot maintain a writ petition against the termination of service passed by the Management.
While the appeal was dismissed the bench comprising of Justice R Banumathi and Justice A S Bopanna said we do not find any ground to take a different view.
The earlier petition filed by Thakur was dismissed with the consent of both the parties that the teacher can debate his rights before the Chairman of Bihar Sanskrit Shiksha Board. The chairman shall consider the case and dispose of the case in accordance with law. The termination reason was found disproportionate by the Chairman hence the teacher was reinstated. The Special Director (Secondary Education) filed an appeal with direction to consider the matter in light of the grounds taken in the appeal.
A bench comprising of Justice Arun Mishra and Justice Naveen of the Supreme Court dismissed an appeal by Marwari Balika Vidyalaya of private school against Calcutta High Court judgement, which ordered the reinstatement of Asha Srivastava with back wages by invoking the writ jurisdiction Article 226of Constitution of India.
Raj Kumar V Director of Education and oths. which had held the approval of the Government education authorities was necessary even for dismissal of a private school employee was referred while dismissing the appeal.
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