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Supreme Court of India 2022-03-29 allowed

JAI BHAVANI SHIKSHAN PRASARAK MANDAL vs RAMESH & ORS

Bench: 2 — Hemant Gupta, V. Ramasubramanian

In Brief

An educational society removed its Principal from service following disciplinary proceedings. The Principal challenged the removal, arguing that the composition of the Inquiry Committee violated Rule 36(2)(b) of the MEPS Rules, which requires the President of the Management to be a member when inquiring against the Head of an Institution. The School Tribunal and High Court set aside the removal. The Supreme Court allowed the appeal, holding that Rule 36(2)(b) applies only when the Head is also the Chief Executive Officer. The Court further held that the doctrine of necessity justified the President's replacement due to ill health, which the Principal himself had acknowledged. The removal order was upheld.

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Labour Law Disciplinary Proceedings Educational Institutions Administrative Law Private Schools Principal/Head

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