Authority: High Court of Judicature at Bombay (Civil Appellate Jurisdiction)

Order Date: 9 September 2026

Case Overview

  • Petition No. 6226 of 2011 filed by Sangita Ramanlal Solanki (Petitioner) under Articles 226 & 227 challenging the order dated 28‑29 June 2011 passed in Appeal No. 7 of 2010 by the Presiding Officer, Additional School Tribunal, Navi Mumbai, which had reinstated Respondent No. 1, Smt. Reeta Dilip Choksi, as Headmistress of M.P. Kenia Gujarati School effective 14 June 1995 and ordered payment of salary, back wages and emoluments.
  • Respondents included Reeta Choksi, The President Sai Trust (management of the school), the Headmistress of the school, and the Administrative Officer of Kalyan Dombivli Mahanagar Palika Shikshan Mandal.
  • The dispute centred on whether Reeta Choksi’s appointment as Headmistress on 5 August 1989 (later superseded on 14 June 1995) was lawful, given that at the time she held only a B.Ed. qualification whereas the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 required a D.Ed. for primary school posts. She later obtained D.Ed. on 26 February 1996.
  • The petitioner argued that the appointment of Reeta Choksi was illegal, unapproved by the Administrative Officer, and that her supersession in June 1995 was justified. The respondent contended that she had the requisite qualifications, that the supersession was unlawful, and that delays were due to pending litigation (including WP 3323/2002 and Supreme Court proceedings) and government resolutions.

Final Outcome

  • The Court held that the appeal was filed after an unreasonable delay (seven years from 1995 to 2002 and another three years after the 2007 Supreme Court decision), constituting laches. Consequently, the order dated 28‑29 June 2011 in Appeal No. 7 of 2010 was quashed and set aside.
  • Appeal No. 7 of 2010 was dismissed on the ground of delay and laches.
  • The writ petition was partly allowed; no order as to costs was made.
  • All parties were directed to act on the digitally signed QR‑verifiable copy of the order.

Topics: Employment Law, Education