In Brief
An educational society running a private pharmacy institute removed its Principal after departmental inquiry. The Principal challenged the removal, arguing the Inquiry Committee lacked the required President as a member under Rule 36(2)(b) of the Maharashtra Employees of Private Schools Rules 1981. The School Tribunal and High Court agreed. The Supreme Court allowed the management's appeal, holding that Rule 36(2)(b) applies only to Heads who are also Chief Executive Officers. Further, the doctrine of necessity cured the procedural defect since the President initially served but was replaced due to ill health—circumstances the Principal himself had admitted in his pleadings. The removal penalty was upheld.
The lawyer headnote and full judgment text are available to registered users.