Jurisdictional Competence of School Tribunals and the Impact of RTE Rules on Teacher Terminations.
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Case: PRATIK SEVA MANDAL THRO. ITS CHAIRMAN/ SECRETARY v. SHRUTI SANTOSH SHELAR
Court: Bombay High Court
Date: 30-06-2026
Law: Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, Right of Children to Free and Compulsory Education Act, Rights of Persons with Disabilities Act, Constitution of India.
Highlights of the Judgment:
- Examination of the School Tribunal's jurisdictional competence over special schools for children with disabilities.
- Interpretation of Section 9 of the MEPS Act, 1977 regarding the statutory right of appeal against termination.
- Analysis of the paradigm shift in teacher grievance redressal introduced by Rule 20 of the RTE Rules, 2011.
- Discussion on whether administrative codes can override statutory remedies or confer adjudicatory powers without legislative mandate.
- Application of the principle that government approval is not a condition precedent for a valid appointment.
- Review of the "deemed permanency" doctrine under Section 5(2A) of the MEPS Act for long-serving employees.
- Judicial scrutiny of termination orders lacking specific reasons or failing to follow prescribed procedural law.