Created by Fuzzy Cloud

Bombay High Court

TUKARAM GULABRAO MOREversusTHE DEPUTY DIRECTOR EDUCATION AND OTHERS

Disposal
DISPOSED OFF

Holding

The High Court held that the School Tribunal failed to exercise its jurisdiction judiciously and allowed the writ petitions, directing that the delay be condoned.

Summary

The petitioners, school teachers, claimed they were harassed and unlawfully terminated by school management and sought condonation of a 374‑day delay in filing appeals before the School Tribunal. The Education Officer and Deputy Director had directed that the teachers continue in service and advised them to approach the Tribunal. The Tribunal rejected the condonation applications and dismissed the appeals, holding the teachers had not diligently pursued the remedy. The petitioners argued the delay was unintentional, caused by continuous correspondence with education authorities, and that the Tribunal adopted a hyper‑technical approach. The High Court found that the Tribunal failed to exercise its jurisdiction judiciously, noting the teachers’ repeated attempts to obtain redress and the inconsistency of the management’s claim of abandonment. Consequently, the Court allowed the writ petitions and ordered condonation of the delay.

Issues considered

  • Whether the School Tribunal erred in rejecting the petitioners' applications for condonation of delay in filing appeals against termination.
  • Whether a delay of 374 days in filing the appeal is excusable in view of the petitioners' continuous correspondence with education authorities.
  • Whether the Tribunal exercised its jurisdiction in a judicious manner.
  • Whether the petitioners' services were lawfully terminated by the school management.

Subjects

  • condonation of delay
  • school tribunal
  • termination of service
  • education law
  • writ petition
  • jurisdiction
  • harassment
  • employment dispute

Judgment

2026:BHC-AUG:4494
                                        (1)                     957-wp-13364-2024.odt



                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                            WRIT PETITION NO. 13364 OF 2024

                                TUKARAM GULABRAO MORE
                                           VERSUS
                    THE DEPUTY DIRECTOR EDUCATION AND OTHERS
                                              ...
               Mr. V. S. Panpatte and Mr. A. N. Nagargoje, Advocate for the
               Petitioner.
               Mr. S. D. Ghayal, AGP for Respondents-State.
                                              …
                                             AND
                            WRIT PETITION NO. 13419 OF 2024

                                  BALAJI PIRAJI GAWALE
                                          VERSUS
                THE DEPUTY DIRECTOR EDUCATION LATUR REGION AND
                                          OTHERS
                                              ...
               Mr. V. S. Panpatte and Mr. A. N. Nagargoje, Advocate for the
               Petitioner.
               Mr. S. R. Yadav-Lonikar, AGP for Respondents-State.
                                              …
                                            AND
                            WRIT PETITION NO. 13421 OF 2024

                              ANAND KHANDOJI MADDEWAD
                                           VERSUS
                  THE DEPUTY DIRECTOR OF EDUCATION AND OTHERS
                                              ...
               Mr. V. S. Panpatte and Mr. A. N. Nagargoje, Advocate for the
               Petitioner.
               Mr. S. N. Kendre, AGP for Respondents-State.
                                              …
                                       CORAM : S. G. CHAPALGAONKAR, J.
                                       DATED : 23rd JANUARY, 2026.
               P.C.:-

               1.    The petitioners takes exception to order dated 10.09.2024

               passed by Presiding Officer, School Tribunal, Latur, thereby their

               applications to condone delay caused in filing Appeals have been

               rejected.
                           (2)                       957-wp-13364-2024.odt



2.    The petitioners were appointed in respondent no.4-School

run by respondent no.3-Management.             While petitioners were

working in school, some disputes arose regarding appointment of

Headmaster. The petitioners were harassed and served with show

cause notices. Later on, salary was stopped and hindrances were

created in discharge of duties.         The petitioners approached

Education Authorities complaining atrocities of management. The

Education Officer took cognizance of complaints made by

petitioners   and   similarly    situated    employees   and     directed

respondent/management to desist from illegal activities against

employees.


3.    By communication dated 25.11.2022 Education Officer, Zilla

Parishad, Nanded directed Headmaster of school to continue

services of petitioners, else serious action would be taken against

school management.      Similar directions were issued by further

communication dated 06.12.2022.             On 17.03.2023, Education

Officer directed petitioners to approach School Tribunal, since

management was asserting case of termination. The petitioners

approached Deputy Director of Education, Latur impugning

directions given by Education Officer. However, Deputy Director of

Education affirmed view of Education Officer and left petitioners

with remedy to approach School Tribunal. Eventually, petitioners

filed Appeal before School Tribunal assailing otherwise termination
                            (3)                        957-wp-13364-2024.odt



alongwith applications to condone delay.        The Presiding Officer,

School Tribunal rejected petitioners’ applications.           Eventually,

dismissed Appeal.


4.      The notice of these writ petitions was issued to respondents

by order dated 09.12.2024.         The notices were duly served upon

respondent nos.3 and 4. Again on 17.07.2025 fresh notices were

issued to respondent nos.3 and 4 indicating that petitions would be

heard finally at the stage of admission. The fresh notices are also

served upon respondent nos.3 and 4, however, none appears for

them.


5.      Mr. Nagargoje, learned Advocate appearing for petitioners

would submit that Tribunal had adopted hyper technical approach

while dealing with applications seeking condonation of delay

caused in filing Appeals.         He would submit that on 09.11.2022,

Management communicated petitioners that in view of their

unauthorized absence without leave, they are deemed to have

abandoned their services. The aforesaid communication was taken

as cause of action for approaching Education Officer and,

ultimately, School Tribunal.          He would, therefore, urge that

petitioners    were   consistently      representing   against        illegal

termination before various authorities and in light ultimate

direction given by Education Officer as well as Deputy Director of

Education, petitioners approached School Tribunal.              Therefore,
                           (4)                       957-wp-13364-2024.odt



delay in filing Appeals was unintentional and technical, that ought

to have been condoned.


6.   Per contra, learned AGPs appearing for respondent nos.1 and

2 in respective matters supports impugned order.


7.   Having    considered        submissions   advanced    by     learned

Advocates appearing for respective parties and on perusal of

impugned order, it can be observed that School Tribunal was of

view that petitioners have not diligently approached Tribunal,

although they had knowledge of termination of their services and

instead continued their agitation and representations before

incompetent forum. The School Tribunal has further observed that

petitioners unnecessarily made correspondence with Education

Officer, although they were aware about remedy before School

Tribunal.


8.   It appears that, petitioners were appointed on establishment

of respondent no.4 by following due process of law.          They were

qualified person to hold post.       Their services were approved by

competent authority.     However, due to dispute in management,

they were prevented from discharging their duties. The record

shows that atleast till 2021 they were paid salary.                    The

management has taken stand that, since 2017, petitioners have

abandoned their services. However, such contention appears to be
                            (5)                         957-wp-13364-2024.odt



inconsistent with record.         It is discernible that petitioners took

cause of action dated 09.11.2022 for filing Appeals, since

respondent–management had specifically conveyed to them that

their services were deemed to have been abandoned.


9.      In that view of matter, if petitioners made continuous follow

up with Education Officer and higher authorities for redressal of

grievance against management and ultimately, were constrained to

file Appeals on communication of deemed termination of services,

pragmatic view of matter ought to have been taken by Tribunal.

The delay of 374 days caused in filing Appeals is duly explained in

light of continuous correspondence made by petitioners with

competent authorities.


10.     In that view of matter, this Court finds that Tribunal failed

to exercise jurisdiction in judicious manner. Hence, Writ Petitions

stand allowed in terms of prayer Clauses (C) and (D).



                                          (S. G. CHAPALGAONKAR)
                                                   JUDGE
Devendra/January-2026


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.