High Court · 2025

3. Mr. Shashank Upadhyaya, Advocat e respondent no. 5.

4. This writ pet it ion has been filed by Purkal Yout h Dev elopm ent Societ y, Dehr adun, which runs an educat ional inst it ut ion. Pet it ioner aggrieved a com m unicat ion dat ed

28.07.2025, issued by Sub Divisional Magist rat e, Dehradun as Local Cit izen Grievance Redr essal Com m it t ee, Dehradun. By t he com m unicat ion, Sub Divisional Magist rat e has direct ed t he Principal of t he inst it ut ion run by t he pet it ioner t o rest ore t he posit ion, which respondent no. 6 was enj oying earlier in t he inst it ut ion. The com m unicat ion challenged by t he pet it ioner on t he ground t hat Sub Divisional Magist rat e has no j urisdict ion t o issue such dir ect ion and against t erm inat ion of service of a t eacher in an unaided school, t he rem edy available is t o approach t he Educat ion Tribunal const it ut ed t erm s of j udgm ent rendered by Hon’ble Supr em e Cour t in t he case of T.M.A. Pai Foundat ion v. St at e of Karnat aka, ( 2002) 8 SCC 481.

5. Mr. Shashank Upadhyay a, learned counsel appearing for Cent ral Board of Secondary Educat ion subm it s t hat as per his inst ruct ions, t he affiliat ion byelaws of CBSE w er e not followed while t erm inat ing t he ser vice of r espondent no. 6 and no charge- sheet appear s t o have been issued t o her. The t erm inat ion order passed against respondent no. 6 is on r ecor d. The sam e issued on 10.04.2025. The t erm inat ion order is ext ract ed below: - “ Ms. Kanchan Dhyani Dat e: April 10, 2025 Dehr adun Su b : Se r v i ce D i s co n t i n u a t i o n w i t h PYD S Dear Ms. Kanchan This is wit h refer ence t o t he discussion ar ound your proposed responsibilit ies, as well as t he issues raised by you in t his respect . Following our recent m eet ing on April 8, 2025, we have concerns r egarding your lack of t rust in t he m anagem ent of PYDS, and your unwillingness t o t each assigned classes. Also, your conduct during t he m eet ing was in violat ion of our Societ y's norm s As a consequence of t he abov e, we hav e reached a regret ful decision t hat at t his t im e we no longer have an opt ion but t o conclude y our appoint m ent wit h PYDS. I n r ecognit ion of t he long year s of ser vice put in by you, t he Societ y will m ake you a paym ent equivalent t o t wo m ont hs of your salary, less any advances t aken by y ou. Upon sat isfact or y com plet ion of your exit process, PYDS will also issue you a Let t er of Experience in it s norm al form at , confirm ing t hat you have serv ed and exit ed in com pliance wit h t he rules and regulat ions of t he Societ y. Wit h best wishes, Anoop Set h Secret ary”

6. Lear ned counsel for t he pet it ioner subm it s t hat what ev er was payable t o respondent no. 6, including t wo m ont hs’ salary , has been paid t o her . She subm it s t hat since r espondent no. 6 has alr eady been t erm inat ed fr om service, t her efore, t he only rem edy available t o her is t o approach t he Educat ion Tribunal and she approached a w rong forum and t he SDM act ed wit hout j urisdict ion w hile issuing t he direct ion.

7. This Court subst ance t he subm ission m ade by learned counsel for t he pet it ioner. The direct ion issued by SDM t o t he Principal of t he concerned inst it ut ion is out side t he scope of his powers. On t his short point alone, t he writ pet it ion is allowed. I m pugned com m unicat ion dat ed 28.07.2025, issued by Sub Divisional Magist rat e aside. The respondent no. 6, how ev er, shall be at libert y t o approach t he Educat ion Tribunal/ Dist rict Judge, Dehradun against t erm inat ion of her service, if so advised. ( M a n o j K u m a r Ti w a r i , J.)

08.09.2025 Navin NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb90 46f487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103 819DA875643AF56D653D095C6ED9A86DAAB 21CE5, cn=NAVEEN CHANDRA