- (1.) Leave granted.
(2.) The appellant was a Lecturer in the Respondent 1 institution. A charge- sheet was issued to the appellant. No formal enquiry was held. On 18.11.1998 an order was passed by the respondents to the following effect: "The Board of Management of Vocational Education Society, Gulbarga herewith dispense with the services of Ahtashmuddin, Lecturer in Biology at Luqman Pre-University College of Science, with immediate effect u/s. 99 of the Karnataka Education Act, 1983 (1 of 1995). Shri Ahtashmuddin shall be entitled to receive prescribed salary of 3 months which he shall collect from the undersigned, at any time."
(3.) The appellant preferred an appeal before the Educational Appellate Tribunal u/s. 94 of the Karnataka Education Act, 1983 (hereinafter referred as "the Act"). The point taken by the respondents before the Tribunal was that the Tribunal did not have the jurisdiction to entertain the appeal by reason of the language in Sec. 94(1) of the Act which provides: "94. Appeals.-(1) Any teacher or other employee of a private educational institution who is dismissed, removed or reduced in rank may within three months from the date of communication of the order prefer an appeal to the Tribunal.";