TMI Blog2012 (9) TMI 1110X X X X Extracts X X X X X X X X Extracts X X X X ..... be heard at any forum, what to talk of a Writ Court, as explained by the legal maxim allegans suam turpitudinem non est audiendus' . If a party has committed a wrong, he cannot be permitted to take the benefit of his own wrong. HELD THAT:- Apex court do not warrant review of the orders passed by the High Court as well as by the Tribunal. Appellant has insisted that this Court should not permit an illegality to perpetrate as the respondent No.1 had been appointed illegally and he did not possess the eligibility for the post. The Primary School children have to be taught by qualified persons and this Court has consistently held that B.Sc.; B.Ed./B.A.;B.Ed. is not equivalent to PTC which is the required qualification in clause (6) of Schedule F attached to the Act. the instant case could be decided in the light of the aforesaid backdrop. It is a settled legal proposition that the court should not set aside the order which appears to be illegal, if its effect is to revive another illegal order. It is for the reason that in such an eventuality the illegality would perpetuate and it would put a premium to the undeserving party/person. Thus, it is evident that the appellant has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sked for quashing of the said order and for reinstatement with all back wages. The appellant contested the said application and submitted the written statement etc. Parties were given the liberty by the Tribunal to examine and cross-examine the witnesses examined by the parties. The Tribunal vide judgment and order dated 21.1.2006 allowed the application of the respondent No.1 directing the appellant to reinstate him and also to pay him the back wages. E. Aggrieved, the appellant filed Special Civil Application No.6346 of 2006 before the High Court of Gujarat challenging the said order of the Tribunal dated 21.1.2006. F. The learned Single Judge vide order dated 13.11.2008 dismissed the said application filed by the appellant Trust on various grounds, inter-alia , that the termination was in utter disregard of the statutory provisions of Section 40B of the Act which requires to serve a show cause notice to the employee and seeking approval of the statutory authorities before giving effect to the order of termination. G. Aggrieved, the appellant challenged the said judgment and order by filing Letters Patent Appeal No.1367 of 2008 which has been dismissed by order dated 1. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rties and perused the record. Section 40B of the Act reads as under:- Section 40B: Dismissal removal or reduction in rank of teachers: - (1)(a) No teacher of a recognized private primary school shall be dismissed or removed or reduced in rank nor service be otherwise terminated until i) he has been given by the manager an opportunity of showing cause against the action proposed to be taken in regard to him; and ii) the action proposed to be taken in regard to him has been approved in writing by the administrative officer of the school board in the jurisdiction of which the private school is situated. (b) The administrative officer shall communicate to the manager of the school in writing his approval of the action proposed, within a period of forty five days from the date of receipt by the administrative officer of such proposal. (2) Where the administrative officer fails to communicate either approval or disapproval within a period of forty five days specified in clause (b) of sub-section (1), the proposed action shall be deemed to have been approved by the administrative officer on the expiry of the said period. 6. The Tribunal as well as the High Court, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Chandra Singh v. State of Rajasthan , AIR 2003 SC 2889; and State of Uttaranchal Anr. v. Ajit Singh Bhola Anr. , (2004) 6 SCC 800). 9. In State of Orissa Anr. v. Mamata Mohanty , (2011) 3 SCC 436, this Court while considering the similar issue where teachers had been appointed without possessing the eligibility has held that if the appointment order itself is bad in its inception, it cannot be rectified and a person lacking eligibility cannot be appointed unless the statutory provision provides for relaxation of eligibility in a particular statute and order of relaxation has been passed in terms of the said order. 10. In Andhra Kesari Education Society v. Director of School Education Ors. , AIR 1989 SC 183, this Court recognised the importance of eligibility fixed by the Legislature in the said case, pointing out that, as those persons have to handle with the tiny tods, therefore, the teacher alone could bring out their skills and intellectual activities. He is the engine of the educational system. He is a superb instrument in awakening the children to cultural values. He must possess potentiality to deliver enlightened service to the society. His quality should b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... visions of Article 45 have been amended making it an obligation on the part of the State to impart free education to the children. Amendment in Article 51-A of the Constitution inserting the clause- k has also been made making it obligatory on the part of the parents to provide opportunities for education to their children between the age of 6 to 14 years. 15. Thus, in view of the above, it is evident that imparting elementary and basic education is a constitutional obligation on the State as well as societies running educational institutions. When we talk of education, it means not only learning how to write and read alphabets or get mere information but it means to acquire knowledge and wisdom so that he may lead a better life and become a better citizen to serve the nation in a better way. The policy framework behind education in India is anchored in the belief that the values of equality, social justice and democracy and the creation of a just and humane society can be achieved only through provision of inclusive elementary education to all. Provision of free and compulsory education of satisfactory quality to children from disadvantaged and weaker sections is, therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its wisdom after consultation with the expert body fixes the eligibility for a particular discipline taught in a school. Thus, the eligibility so fixed require very strict compliance and any appointment made in contravention thereof must be held to be void. 19. In ordinary circumstances, the instant case could be decided in the light of the aforesaid backdrop. However, the Division Bench of the High Court has given full details of the teachers who had been appointed alongwith the respondent No.1 in pursuance of the same advertisement and possessing the same qualification of B.Sc.;B.Ed./B.A.;B.Ed. They are still working with the same management and some of them had been as under: (i) Mrs. Rekhaben Virabhai Patel (ii) Mrs. Urmilaben Chandrakantbhai Mistry (iii) Mr. Dilipbhai Naranbhai Patel (iv) Mrs. Ritaben Shaileshbhai Joshi 20. The High Court further recorded a finding that the list of such persons was merely illustrative and not exhaustive. 21. A person alleging his own infamy cannot be heard at any forum, what to talk of a Writ Court, as explained by the legal maxim allegans suam turpitudinem non est audiendus' . If a party has committed a wrong, he c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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