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Case Analysis Shri Vile Parle Kelavani Mandal & Ors vs State of Maharashtra & Ors 2026 BHC-OS 7787-DB
Synopsis
The management of an educational institution (Shri Vile Parle Kelavani Mandal) filed a writ petition seeking a direction to the State Government to pay the back wages of a teacher (Respondent No. 5) who had been illegally terminated and subsequently reinstated by the School Tribunal. The Tribunal had directed the management to reinstate the teacher with full back wages and continuity of service. The management did not challenge the Tribunal’s order, which attained finality. Instead, it sought reimbursement from the State, arguing that no other teacher was appointed in her place and that the State was not required to pay double salary. The Bombay High Court dismissed the petition, holding that the management, being the wrongdoer who initiated and carried out the illegal termination, was solely liable to pay the back wages. The State had no role in the disciplinary proceedings, and the management could not shift its financial burden to the State.
Court: High Court of Judicature at Bombay
Coram: Abhay J. Mantri & Ravindra V. Ghuge, JJ.
Date: (Not explicitly mentioned in the provided text; inferred from the PDF name: likely April 2, 2026)
Citation: Not provided (likely 2026:BHC:xxxx)
Core Law: Service Law – Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981; Liability for back wages of reinstated employee; School Tribunal orders
2. Legal Framework
Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981: Rules 29, 33, 35, 36 – suspension, disciplinary proceedings, termination, and payment of subsistence allowance.
Constitution of India: Article 226 – writ jurisdiction.
Relevant Precedents:
Educational Society, Tumsar & Ors. v. State of Maharashtra & Ors. (Civil Appeal No. 670 of 2016) – if termination was at the behest of the management, the management must pay back wages.
Deepali Gundu Surwase v. Kranti Junior Adhyapak Mahavidyalaya (D.Ed.) & Ors. (2013) 10 SCC 324 – employer who acts in gross violation of
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