TMI Blog1984 (12) TMI 269X X X X Extracts X X X X X X X X Extracts X X X X ..... ted:- 19-12-1984 - Desai, D. A. And Khalid, V. (J),JJ. For the Appellant : K. G. Bhagat, Additional Solicitor General and Vimal Dave in CA. No. 2137/84. For the Respondents : K. G. Bhagat, Additional Solicitor General and Ms. Asha Rani Jain for the petitioner in WP. N o. 11238/83. Prithvi Raj and R.C. Pathak. JUDGMENT The Judgment of the Court was delivered by DESAI, J. Guru Nanak Khalsa High School ( ' School' for short) an aided school and hence governed by The Punjab Aided Schools (Security of Service) Act, 1969 ('1969 Act' for short) in its application to the Union territory of Chandigarh dispensed with the service of the Headmaster of the School, appellant Shri Manmohan Singh Jaitla, and the drawing teacher Amir Singh claiming to exercise power under an agreement executed by each of them with the management of the school. Admittedly, the school receives 95% of its expenses as grant from the Government and for contribution 5% of the expenses claims thoroughly arbitrary powers to be presently pointed out which appears to be anachronistic. The action of the Managing Committee of the school in dispensing with the services of both the aforementioned persons is q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it petition in limine but by a speaking order observing that as the school] cannot be said to be 'other authority' under Art. 12 of the Constitution, it was not amenable to the writ , jurisdiction of the High Court. Hence this appeal by special leave. In Re W. P. No. 11238/83: Petitioner Amir Singh was appointed by the Managing Committee of the School on March 21, 1976 as a Drawing Teacher as per the appointment order No.1265 dated March 21, 1976. This appointment was made upon an application made by the petitioner and after he was interviewed by the concerned committee of the school. The appointment order spells out some of the conditions of appointment, one of them may be noticed. The appointee had to enter into an agreement with the management of the school. The petitioner was informed by a letter dated February 28, 1983 that as per the resolution adopted by the Managing Committee of the school, it was resolved to terminate the service of the petitioner as no longer required with effect from the fore-noon of March 4, 1983 in terms of first part of clause (6) of the agreement entered into between the petitioner and the Management. The petitioner approached the Deputy Commissi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ster, the facts herein above narrated would affirmatively show that he was fully qualified and that he was appointed after interview and selection. He was confirmed. He received a certificate of merit from the Chandigarh Administration. The moment the Managing Committee changed exposing the inter-se squabbles amongst persons trying to usurp control of the management of the school, almost wholly financed by the public exchequer, to wreck vengeance against those who were appointed by the outgoing management which may have been defeated at the hustings, the agreement was invoked and the services terminated. Throwing out persons appointed by out going management is only one side of the coin. The moment the vacancy occurs, nepotism or corruption will have field day. Since the new management took, over quietly within a few months, service of the Headmaster was terminated on the ground that his service was no longer required. We repeatedly asked Mr. Prithvi Raj, learned counsel for the respondent-school management as to how it would run a school without a Headmaster. We naggingly persisted with the question as to why it became necessary, obviously in the middle of the term or session on J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hey are quasi-judicial authorities and that was not disputed. Therefore, they will be comprehended in the expression 'Tribunal' as used in Art. 227 of the which confers power of superintendance over all courts and tribunals by the High Court throughout the territory in relation to which it exercises jurisdiction. Obviously, therefore, the decision of the statutory quasi-judicial authorities which can be appropriately described as tribunal will be subject to judicial review namely a writ of certiorari by the High Court under Art. 227 of the Constitution. The decision questioned before the High Court was of the Deputy Commissioner and the Commissioner exercising powers under Sec. 3 of the 1969 Act. And these statutory authorities are certainly amenable to the writ jurisdiction of the High Court. The matter can be viewed from a slightly different angle as well. After the decision of the Constitution Bench of this Court in Ajay Hasia etc.v. Khalid Mujib Sehrvardi Ors. etc-( [1981] 2 S.C.R. 79.) the aided school receiving 95%- of expenses by way of grant from the public exchequer and whose employees have received the statutory protection under the 1969 Act and who is subject to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce, all the reasons which weighed with us in quashing the order of termination of service of Headmaster- Mr Jaitla would mutatis mutandis apply to the case of this Drawing Teacher. To restate these reasons would merely add to the length of this judgment. As a corollary, the rule will have to be made absolute after quashing and setting aside the order of termination of service dated February 28, 1983 and directing reinstatment of Drawing Teacher Amir Singh in service with continuity in service with full backwages. Accordingly, C. A. No. 2137/84 is allowed and the order terminating the service of Headmaster Manmohan Singh Jaitla is quashed and set aside as also the decisions of the Deputy Commissioner and the Commissioner and the Judgment of the High Court are quashed and set aside. The appellant Headmaster Shri Manmohan Singh Jaitla is reinstated in service with continuity in service and full backwages subject to the fact that if backwages have been paid under the orders of this Court, credit may be given for the same. Rule is made absolute in the writ petition filed by Drawing Teacher Amir Singh and the order terminating his service dated February 28, 1913 is quashed and set asi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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