Mumbai private school teachers can approach tribunal with complaints

The Bombay high court has recently ruled that teachers attached to private non-aided schools of the central boards can move the School Tribunal with their grievances and the tribunal will have the jurisdiction to hear and decide on them.

A school teacher's petition
Justice NM Jamdar was hearing a petition filed by Deepa Jain, a teacher who challenged her dismissal order given by Cathedral and John Connon School in Bandra.

Who did she approach first?
Jain had been appointed on probation by the school in 2012. A year later, when she was dismissed, Jain approached the Tribunal. But the tribunal had accepted the contention of the school and rejected her petition. This was challenged in the high court by Jain.

What did the school say?
The school, while opposing her petition, argued that it is not a school which is recognised under the Bombay Primary Education Act, 1947, or recognised by any other local body. Furthermore, the rules framed by the state government under the Right of Children to Free and Compulsory Education Act, 2009, are also not applicable to the school in view of the Judgment of the Constitution Bench of Supreme Court in case of Paramati Educational & Cultural Trust Vs Union of India.

What did the amicus curiae say?
Narendra Bandivadekar, the amicus curiae, argued that "the RTE Act is applicable not only to aided schools but also to private unaided schools. Schools which are not recognised by the Maharashtra Board are to take a yearly permission from the District Education Officer. So RTE is applicable to the present school also."

What did the court do?
Justice Jamdar, while accepting the arguments for Jain, quashed and set aside the order of the tribunal and referred back the matter for fresh hearing on merits.