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Supreme Court of India 2019-02-14 dismissed

Marwari Balika Vidyalaya vs Asha Srivastava & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A school employee challenged her wrongful termination after seeking government approval of her appointment through a writ petition. The school then suspended and dismissed her without a departmental inquiry. The High Court upheld her reinstatement and back wages. The school appealed, arguing the writ petition was invalid and back wages should not be awarded. The Supreme Court held that writs are maintainable against private educational institutions performing public functions. Since government approval was required for her appointment, it was also necessary for termination. The dismissal without inquiry was arbitrary and illegal. Back wages must follow reinstatement. Appeal dismissed."

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Educational Institutions Labour Law Service Termination Writ Jurisdiction Natural Justice Administrative Law

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