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december 2005

Supreme Court of India · 2005-12-16

Kankavali Shikshan Sanstha & Ors vs M.R. Gavali & Ors

Citation / case number
AIR 2006 SUPREME COURT 3586
Court
Supreme Court of India
Petitioner
Kankavali Shikshan Sanstha & Ors
Respondent
M.R. Gavali & Ors
Author
Ar. Lakshmanan
Bench
Ruma Pal, Ar. Lakshmanan

Judgment text excerpt

The Supreme Court upheld the High Court's decision to reinstate Manohar Ramchandra Gavali, an Assistant Teacher, whose temporary appointment was terminated due to non-availability of a candidate from the reserved category. The Court emphasized that the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 mandates adherence to proper procedures for termination, and the lack of a permanent candidate does not justify arbitrary dismissal. The Court ruled that Gavali is entitled to continuity of service and back-wages, affirming the High Court's order.

Kankavali Shikshan Sanstha & Ors vs M.R. Gavali & Ors · Niyam