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Supreme Court of India 2016-08-22 allowed

M.S. Kazi vs Muslim Education Society & Ors

Bench: 3 — D.Y. Chandrachud

In Brief

A schoolteacher dismissed by his employer challenged the dismissal before a tribunal under the Gujarat Secondary Education Act. After the tribunal upheld the dismissal, he filed a writ petition in the High Court. The High Court dismissed it, holding that the tribunal must be impleaded as a necessary party. On appeal, the Supreme Court held that a tribunal need not be impleaded as a party when its order is challenged by writ, because the tribunal is not required to defend its order in judicial review proceedings. The true dispute is between the employer and employee. The Court allowed the appeal, restored the writ petition for merits, and clarified that absence of the tribunal does not render the petition unmaintainable.

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