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Urmilaben Ishverlal Naik vs Director Of Education And Ors. on 8 March, 1985

In Manmohan Singh Jaitla v. The Commissioner, Union Territory Chandigarh & Others, reported in (1985)1 S.L.J (All India Services Law Journal), the decision questioned before the High Court was of Deputy Commissioner and the Commissioner exercising powers under section 3 of 1969 Act i.e. Punjab Aided Schools (Security of Service) Act, 1969, and the statutory authorities are held amenable to the writ jurisdiction of the High Court. A protection was given to the teacher and a right was created in him as section 3 of the said Act makes it obligatory to hold a disciplinary inquiry before an employee of an aided school can be either dismissed, removed or reduced in rank. The mandatory provision was ignored while dispensing with the services of the teacher. As we have earlier held, in the present case, no right is created in the teacher. Consequently, this case also does not apply to the facts of the present case.
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