HC orders appointment of tribunal head within 6 weeks

MUMBAI, MAY 13: The school tribunal, which has been without a presiding officer for over an year, is likely to start functioning soon. Th...

MUMBAI, MAY 13: The school tribunal, which has been without a presiding officer for over an year, is likely to start functioning soon. The Bombay High Court, in an order passed on May 7, has directed the State Government to fill the vacancy within six weeks.

Chief Justice Y K Sabharwal and Justice S Radhakrishnan passed the order in a petition filed by the Educational Institution Practitioners’ Association (EIPA) whose members practise before various tribunals. The petition, filed in November 1998, had claimed that the tribunal’s functioning has been hampered due to absence of a full-fledged’ presiding officer since April last year.

Nearly 250 cases are pending hearing and disposal at the tribunal causing hardships to the litigants, according to the petitioner. The tribunal serves schools and junior colleges in Greater Mumbai. Employees can approach the tribunal with their grievances, and the Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977, provides that the matter should be settled within three months.

The government has been directed to fill up the presiding officer’s post as provided under Section 8 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. According to the petitioners’ advocate, Mihir Desai, the government’s main contention was that qualified people could not be found. However, the court has directed the government to make use of all the provisions under Section 8 of the act to fill the post.