Discharge from Public Duty Is Completely irrelevant to Separation from Service: MP HIGHCOURT
Recently, a writ case was rejected by the Madhya Pradesh High Court on the grounds that the petitioner was challenging a termination order given by a private unaided minority institution in accordance with its own rules.
The Court ruled that the petition could not be maintained since the bylaws lacked statutory authority, and as a result, the issuing of the order of termination could not be considered “an act in performance of public duty.”
The case of SMT.PRAMILAL TIWARI versus SATNA DIOCESAN SOCIETY AND ORS. Was led by learned Justice M.S. Bhatti.
FACTS OF THE CASE
The Respondent/Society ran a school, and the Petitioner wanted to rescind her dismissal as an employee. Dissatisfied, the Petitioner filed a writ petition asking the court to reverse the impugned termination judgement and restore her with all of her previous perks intact.
The respondents filed a preliminary objection claiming that the petition lacked merit. given the character of their Institution and the fact that the contentious issue arose from terms and circumstances outlined in its bylaws, which lacked the authority of law. Respondents cited the St. Mary’s Education Society decision in arguing that a writ petition against a private unaided educational institution is not viable since the Petitioner’s terms of service were not subject to any applicable statutes. For this reason, it was argued, the petition should be denied.
JUDGEMENT
Based on the foregoing, the Court determined that the issuing of the challenged order did not violate any statutes or rules or have any connection to the performance of any public duty. Since the organisation at issue was found to be a private, non-profit minority educational institution, the court ruled that the writ petition against the Respondent/Society was without merit. Thus, the petition was denied.
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JUDGEMENT REVEIWED BY DEEPA BAJAJ