Summary
The High Court could not set aside a teacher’s termination and the School Tribunal’s decision merely on a reinstatement resolution supported by one of two rival management factions. The writ petition was restored for decision on the Tribunal order’s merits, with the teacher remaining out of employment meanwhile.
Issues
- Whether one management faction’s proposed settlement justified setting aside the Tribunal order without examining its legality.
Held
- The pending writ concerned the legality of the Tribunal’s decision sustaining the inquiry and termination. Internal management disputes were irrelevant to that determination; the High Court could not accept one faction’s stand while permitting withdrawal and granting substantive relief. (¶ 18–23)
- On remand the employer must contest the writ in support of the Tribunal order; internal factional disputes belong before the appropriate forum. The Court expressed no view on the termination’s merits. (¶ 24–26)
Result
Appeal partly allowed; High Court order set aside and writ restored for merits disposal preferably within six months. Teacher to remain out of employment unless termination is set aside by a competent court.