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Supreme Court of India 2017-07-17 allowed

Shubham Bahuuddeshiya Sanstha, Waddhamana & Anr vs Dnyaneshwar Govindrao Daigavhane & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

A Trust-run school terminated an Assistant Teacher after an inquiry upheld 17 charges against him. The termination order was upheld by the School Tribunal. However, the High Court set it aside after one faction of the school's Management Committee sought to reinstate the teacher. On appeal, the Supreme Court held that the writ court must decide independently whether the Tribunal's order was legal, regardless of internal management disputes. Internal disagreements within management cannot override the court's duty to examine legality on merits. The appeal was allowed and the case remitted to the High Court for fresh decision on the merits of whether the termination was legally sustainable.

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Public Trusts Educational Institutions Termination of Employment Writ Jurisdiction Administrative Law Tribunal Practice Managing Committees

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