Bombay High Court Allows School Management's Writ Petitions Challenging Education Officer's Order Setting Aside Teacher's Termination. Termination of Teacher for Misconduct Upheld as Disciplinary Inquiry Was Fair and Compliant with Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

High Court: Bombay High Court Bench: BOMBAY In Favour of Prosecution

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2026-05-19 01:57:34

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Case Note & Summary

The petitioners, the President and Head Master of Adarsh Vidya Mandir, a private aided school run by Adarsh Vidya Prasarak Sanstha, filed two writ petitions challenging the order of the Education Officer (Secondary), Zilla Parishad, Thane, dated 30th June 2008, which set aside the termination of the respondent-teacher, Savita Gajanan Fatake. The teacher was terminated from service on 30th June 2006 after a disciplinary inquiry found her guilty of misconduct, including insubordination and neglect of duty. The Education Officer, on appeal by the teacher, set aside the termination on the ground that the inquiry was not fair and proper. The school management challenged this order in the High Court. The court examined the facts and found that the teacher had been given due opportunity to participate in the inquiry, but she chose not to appear. The inquiry officer submitted a report finding her guilty, and the management accepted it and terminated her services. The court held that the Education Officer erred in reappreciating the evidence and substituting his own findings. The court allowed the writ petitions, quashed the Education Officer's order, and upheld the termination. The court also noted that the teacher had not challenged the inquiry proceedings or the termination order before any other forum.

Headnote

A) Service Law - Termination of Teacher - Misconduct - Disciplinary Proceedings - The court considered whether the termination of a teacher by a private aided school for misconduct was valid. The court held that the school management had conducted a proper disciplinary inquiry and the termination was justified. The Education Officer's order setting aside the termination was quashed. (Paras 1-10)

B) Service Law - Natural Justice - Domestic Inquiry - The court examined whether the teacher was given adequate opportunity to defend herself. The court found that the inquiry was fair and principles of natural justice were complied with. (Paras 5-8)

C) Service Law - Writ Jurisdiction - Judicial Review - The court discussed the scope of judicial review of disciplinary proceedings by the Education Officer and the High Court. The court held that the Education Officer exceeded his jurisdiction by reappreciating evidence. (Paras 9-10)

Issue of Consideration

Whether the termination of the respondent-teacher by the petitioner-school management was valid and in accordance with law, and whether the Education Officer's order setting aside the termination was correct.

Final Decision

The court allowed both writ petitions, quashed the order of the Education Officer dated 30th June 2008, and upheld the termination of the respondent-teacher.

Law Points

Termination of service
misconduct
disciplinary proceedings
natural justice
private aided school
Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
1977
Section 5
Section 7
writ jurisdiction
judicial review of domestic inquiry

Case Details

2026:BHC-AS:17751

Writ Petition No. 2014 of 2008 and Writ Petition No. 2020 of 2008

2026-04-16

2026:BHC-AS:17751

The President, Adarsh Vidya Prasarak Sanstha & Anr. (in WP 2014/2008) and Adarsh Vidya Prasarak Sanstha & Ors. (in WP 2020/2008)

Savita Gajanan Fatake & Anr. (in WP 2014/2008) and Savita Gajanan Fatake (in WP 2020/2008)

Nature of Litigation

Writ petitions challenging the order of the Education Officer setting aside the termination of a teacher by a private aided school.

Remedy Sought

The petitioners (school management) sought quashing of the Education Officer's order dated 30th June 2008 and restoration of the termination order.

Filing Reason

The Education Officer set aside the termination of the respondent-teacher on the ground that the disciplinary inquiry was not fair and proper.

Previous Decisions

The Education Officer (Secondary), Zilla Parishad, Thane, by order dated 30th June 2008, set aside the termination of the teacher. The school management filed the present writ petitions challenging that order.

Issues

Whether the termination of the teacher was valid and in accordance with the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. Whether the Education Officer correctly exercised his appellate jurisdiction in setting aside the termination.

Submissions/Arguments

The petitioners argued that the disciplinary inquiry was conducted fairly and the teacher was given adequate opportunity to defend herself, but she failed to appear. The respondent-teacher argued that the inquiry was not fair and she was not given proper opportunity.

Ratio Decidendi

The court held that the Education Officer exceeded his jurisdiction by reappreciating the evidence and substituting his own findings. The disciplinary inquiry was fair and complied with principles of natural justice. The termination was valid under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

Judgment Excerpts

The Education Officer has exceeded his jurisdiction in reappreciating the evidence and substituting his own findings. The inquiry was conducted in a fair manner and the teacher was given adequate opportunity to defend herself.

Procedural History

The teacher was terminated on 30th June 2006. She appealed to the Education Officer, who set aside the termination on 30th June 2008. The school management filed writ petitions in the High Court in 2008. The High Court heard the petitions and delivered judgment on 16th April 2026.