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Education LawSupreme Court of India

Marwari Balika Vidyalaya v. Asha Srivastava

Civil Appeal · 2019 INSC 198Decided 14 Feb 2019
Civil Appeal No. 9166 of 2013
Justice Arun Mishra · Justice Navin Sinha

Background

The respondent was appointed as an Assistant Teacher on probation at the appellant school in 1995, but approval of her appointment by the Director of School Education, West Bengal was delayed for years, prompting her to file a writ petition seeking a mandamus directing approval. After the High Court directed the authorities to decide on approval, the school issued her a show-cause notice and suspended her for involving a government officer in litigation against the school's wishes; later, after further friction, she was forcibly removed from the premises with police help and terminated by a letter in February 2001 without any departmental enquiry. Her writ challenge to the termination was initially dismissed by a Single Judge as not maintainable (since the school was a private institution), but the Division Bench of the Calcutta High Court reversed this, ordering her reinstatement with full back wages, which the school then challenged before the Supreme Court.

Decision Breakdown

The Supreme Court held that the writ petition was maintainable even against a private, grant-aided school because such institutions performing public functions (like education) and subject to statutory approval requirements for appointment/termination fall within the scope of Article 226, relying on precedents including Ramesh Ahluwalia v. State of Punjab and Raj Kumar v. Director of Education. The Court found that since prior government approval was legally required before terminating the teacher's services (just as it was for her appointment) and no such approval was obtained, and no departmental enquiry was conducted before the stigmatic dismissal, the termination was arbitrary, illegal, and void. It distinguished the school's cited precedents (involving purely unaided institutions with no approval requirement) as inapplicable to a case involving a grant-aided school with a statutory approval safeguard. The Civil Appeal was dismissed, upholding reinstatement with back wages given the five years of service rendered and the absence of any fair enquiry.

Lesson Learnt

Even private schools that receive government grants-in-aid are bound by statutory safeguards, such as requiring government approval before terminating a teacher, and dismissing an employee without following that approval process or holding a fair enquiry can be struck down as arbitrary, regardless of the institution's private character.

Marwari Balika Vidyalaya v. Asha Srivastava – Legal Case Shots | LegalAware