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september 2012

Supreme Court of India · 2012-09-14

Bhartiya Seva Samaj Trust Tr.Pres.& Anr vs Yogeshbhai Ambalal Patel & Anr

Citation / case number
AIR 2012 SUPREME COURT 3285
Court
Supreme Court of India
Petitioner
Bhartiya Seva Samaj Trust Tr.Pres.& Anr
Respondent
Yogeshbhai Ambalal Patel & Anr
Author
B.S. Chauhan
Bench
Fakkir Mohamed Ibrahim Kalifulla, B.S. Chauhan

Judgment text excerpt

The Supreme Court upheld the decision of the Gujarat High Court, affirming the termination of the respondent's services as an Assistant Teacher due to non-compliance with the qualifications mandated by the Bombay Primary Education (Gujarat Amendment) Act, 1986, specifically Clause (6) of Schedule F. The Court emphasized that the termination was valid as it adhered to the statutory requirements outlined in Section 40B of the Act, which necessitates a show cause notice and approval from statutory authorities prior to termination. The appeal was dismissed, reinforcing the legal principle that adherence to statutory qualifications is essential for employment in educational institutions.

Bhartiya Seva Samaj Trust Tr.Pres.& Anr vs Yogeshbhai Ambalal Patel & Anr · Niyam