Whether school tribunal is civil court?

It is,
thus, clear that the dispute that is raised before the tribunal
under the Act is a dispute of a civil nature and therefore it can
be safely said that the tribunal for the purpose of deciding
appeals filed before it can be said to be civil  court for the
purpose of Civil Procedure Code and therefore, an order made
by the Tribunal is an order within the meaning of the CivilProcedure Code.  I have already pointed out above that under
section 36 of the Civil Procedure Code, provisions in the Code
relating to execution of decree are applicable to the execution of
the order.  Therefore, if the order made by the School Tribunal
is an order within the meaning of Civil Procedure Code, then
the provisions in the Code relating to execution of a decree are
available   for   enforcing   or   executing   an   order   made   by   the

School Tribunal.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR

Writ Petition No.32 of 2015

 Shri Brijlal Biyani Vidya Niketan Shikshan Prasarak Mandal,Vs Bharti w/o Khanderao Dabhade,

Coram : R.K. Deshpande, J.
Dated  : 31st March, 2015
Citation;2016(1)ALLMR797

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When disciplinary enquiry against Teacher can be quashed?

I find that the enquiry was conducted in a slip-shod manner.

The enquiry committee was not constituted as required by law.

The evidence was recorded in a weird manner. The petitioner was not given an adequate opportunity of cross-examining the management witnesses. Two additional charges have been surreptitiously introduced / levelled against the petitioner. The suspension allowance was not paid to the petitioner thereby causing inconvenience to the petitioner. It is for all these reasons that the enquiry deserves to be quashed and set aside.

Bombay High Court

Ashok Shahaji Gulbhile vs The Secretary Gramvikas Shikshan ... on 20 March, 2015

Bench: R.V. Ghuge

Citation; 2015(5) MHLJ678

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Jurisdiction of civil court in case of Maharashtra Employees of Private School

The controversy in each such suit, therefore, has to be gone into on the above touchstone. We have seen from the pleadings in Civil Suit No. 165 of 1996 that the plaintiff seeks declaration that the Inquiry Committee constituted is void and defendant be restrained from holding any inquiry. Now, if this relief is seen, it would be clear that this relief does not relate to either dismissal, removal, termination, reduction in rank or supersession in promotion. This suit is, therefore, certainly out of cognizance of the Tribunal. The Civil Court, therefore, could certainly take cognizance of such a suit. Whether such a declaration and injunction could be granted or not would be a different question and we need not go into that.1

2007(3)ALLMR45, 2007(2)BomCR760, 2007(109)BOMLR717

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Civil Revision Application No. 235 of 2003

Decided On: 01.03.2007

Appellants: Sanjay Gandhi Shikshan Prasarak Mandal, A Society registered under Societies Registration Act, through its Secretary Shri Namdeo Nagorao Hajare

Vs.

Respondent: Nivrutti S/o Tukaram Borkar

Hon'ble Judges/Coram:
C.L. Pangarkar, J.

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