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A School Tribunal in Mumbai has ordered the reinstatement of a former In-charge Head of Department at M.H. Saboo Siddik Polytechnic in Byculla after deeming his termination unlawful.
The judgement, delivered on March 24 by Presiding Officer Pratibha P. Ingale, quashed the termination order dated May 9, 2023, and directed the institution to reinstate Irfan Umar Khan “on the post of In-charge Head of Department (Mechanical Engineering Unaided Section) on permanent basis and further grant him all the benefits of service including continuation of service w.e.f. 10.05.2023 and full back-wages”.
Khan, who had been associated with the polytechnic for over a decade, had challenged his removal under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act 1977, arguing that it was a wrongful termination disguised as the acceptance of a resignation he had already withdrawn.
The dispute originated from a disagreement over the eligibility of a student, Aqdas Patel, to appear for his fourth-semester examination, despite having only 6% attendance and having failed to submit required term work. Khan told the Tribunal that he had refused to allow the student to sit the exam, citing Maharashtra State Board of Technical Education (MSBTE) norms requiring at least 75% attendance and completed submissions. He alleged that he faced pressure from the management to permit the student, which he resisted.
Frustrated over being denied a permanent appointment even after 12 years of service, Khan had sent a resignation email on May 2, 2023. However, he withdrew this resignation on May 9 at 12.30 p.m. The management, led by Principal (Aided) Dr A.K. Kureshi, accepted the resignation an hour later and relieved Khan of his duties with immediate effect from May 10.
Khan argued that the acceptance post-dated his withdrawal and also violated Rule 28 of the MEPS Rules 1981, which requires either one month’s notice or payment of salary in lieu of notice before termination of ad hoc staff.
The tribunal ruled that the management’s action lacked procedural validity and failed to comply with statutory requirements. Presiding Officer Ingale observed that the resignation had been withdrawn prior to its acceptance, thereby rendering the termination invalid. The management’s contention that the MEPS Act did not apply to Khan was rejected as unsubstantiated. The tribunal also found that no notice or compensation in lieu thereof had been provided, which further violated the law.
Represented by Advocate Ali Kashif Khan Deshmukh, Khan submitted appointment letters, emails, and MSBTE regulations as evidence in his favour. The respondents, which included senior officials such as Dr Zahir Kazi, President of Anjuman-I-Islam, and Dr Aslam Khan, Chairman of BVTE, maintained that Khan was on a contractual appointment and that his resignation had been accepted in good faith. However, the tribunal rejected this argument, citing procedural lapses and the sequence of events.
While the tribunal did not grant Khan’s request for damages of Rs 35,000, a written apology, or a declaration that he should be appointed permanently from the date of joining in 2010, it upheld his reinstatement with full back wages from May 2023. Khan welcomed the decision, calling it “a victory for justice and fairness” and said he was grateful for the opportunity to return after years of service.
Meanwhile, a related writ petition challenging an earlier tribunal order remains pending before the Bombay High Court. The ruling has sparked discussion around employment practices in private educational institutions, with legal observers suggesting it could set a precedent for similar disputes under the MEPS framework.
