M.S. Kazi vs Muslim Education Society - Supreme Court

 M.S. Kazi vs Muslim Education Society - Supreme Court Important Judgment 2016 - 

 

On 22nd August, 2016, in the case of M.S. Kazi vs Muslim Education Society [Civil Appeal No.11976 – 11977 of 2014], wherein the Gujarat Higher Secondary Education Tribunal constituted under Section 39 of the Gujarat Secondary Education Act, 1972 had upheld the dismissal of appellant-school teacher, and maintainability of the Special Civil Application filed under Articles 226 and 227 of the Constitution against the order of the Tribunal was challenged on the ground that the Tribunal was not impleaded as a party in the Special Civil Application, a three Judge Bench held that “the tribunal is not required to defend its orders when they are challenged before the High Court in a Special Civil Application under Articles 226 and 227” of the Constitution. “An order of the tribunal is capable of being tested in exercise of the power of judicial review under Articles 226 and 227. When the remedy is invoked, the tribunal is not required to step into arena of conflict for defending its order. Hence, the tribunal is not a necessary party to the proceedings in a Special Civil Application.”


 While observing that the lawfulness of the punishment imposed upon the Appellant was a matter for the employer to defend against a challenge of illegality in the Special Civil Application, it was held that “even if the High Court was to require the production of the record before the tribunal, there was no necessity of impleading the tribunal as a party to the proceedings. The tribunal not being required in law to defend its own order, the proceedings under Articles 226 and 227 of the Constitution were maintainable without the tribunal being impleaded.”

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