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

Order Date: 12 October 2026

Case Overview

  • Petitioner: Shri Sant Tukaram Shikshan Sanstha (educational trust).
  • Respondents: Suresh Popat Theurkar (Respondent No. 1) and others.
  • Petition: Writ Petition No. 9989 of 2016 filed under Articles 226 and 227 of the Constitution, challenging the School Tribunal, Pune’s order dated 23 April 2015 in Appeal No. 4 of 2014.
  • Background:
  • Theurkar was appointed Assistant Teacher on 23 June 2002 and simultaneously selected as Headmaster of Late Ganpatrao Govind Thite Primary Vidyalaya.
  • He resigned voluntarily on 17 July 2009 after a mistake, but the Management allowed him to continue after a written apology on 16 September 2009.
  • On 29 June 2013, following a showcause notice for irregularities in the Mid‑Day Meal Scheme, Theurkar submitted another resignation to avoid disciplinary action.
  • Management accepted the resignation on 10 August 2013, appointed Shri Gavade as Headmaster on 31 August 2013, and Theurkar handed over charge on 1 September 2013.
  • Theurkar complained to the Education Officer on 12 September 2013 alleging that his resignation was obtained by force.
  • He filed Appeal No. 4 of 2014 before the School Tribunal on 1 March 2014, claiming the Management had prevented him from performing Headmaster duties from 1 February 2014.
  • The Tribunal, on 23 April 2015, set aside the Management’s procedural objections and allowed the appeal, holding that the resignation did not comply with Section 7 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (no registered post, not handwritten before Education Officer).
  • Contentions:
  • Petitioner (Management): Argues the Tribunal focused only on procedural compliance and failed to examine whether the resignation was truly voluntary; stresses the delay in Theurkar’s complaint and his earlier resignation history.
  • Respondent (Theurkar): Maintains the resignation was forced; cites case law (Neminath Jain Brahmacharya Ashram, Siddheshwar Kreeda Mandal, Shriram Manohar Bande) supporting the need to assess voluntariness based on evidence.

Final Outcome

  • The High Court set aside the School Tribunal’s order dated 23 April 2015.
  • Appeal No. 4 of 2014 is restored to the School Tribunal, Pune, for fresh consideration.
  • The Tribunal must re‑examine whether Theurkar’s resignation was voluntary or obtained by force/pressure, considering all relevant evidence and arguments.
  • After determining voluntariness, the Tribunal must decide if Theurkar was unlawfully reduced in rank.
  • Parties are directed to appear before the Tribunal on 26 October 2026.
  • The Tribunal is instructed to decide the appeal within three months from that appearance date.
  • Observations in this judgment are not to be treated as final findings on the disputed issues.
  • The writ petition is disposed of with no order as to costs.

Topics: Legal Procedure, Employment Dispute