R.S.Dhavan, J. - (1.) This appeal has been filed against the judgment dated 31st October, 1995 in Writ Petition No. 20689 of 1995 ; Sri Raj Narain Singh and 9 others v. Regional Deputy Director of Education, Varanasi Region, Varanasi and 4 others. The 9 petitioners were primary school teachers at an institution, known as Swawlambi Basic Primary Pathshala, Navli, Ghazipur. All the petitioners in the writ petition are permanent teachers at the school. They have been teaching at the Primary School. The Committee of Management of the School had planned to upgrade the school to the Intermediate Section. On this aspect, there is no issue.
(2.) If it were only a matter of upgrading the school and Integrating the primary school to the Intermediate Courses, then, there would have been no controversy. But. the management had other plans. It has been indicated by learned counsel for the appellant, aggrieved by the decision on the writ petition, that the space at the premises of the school was inadequate and if the primary school had been retained, i.e.. the upgraded Intermediate Section along with the primary school, then, the accommodation would have been constricted and squeezed. Thus, the management decided to finish off the primary school and in lieu of it add the plus-two or the Intermediate Section. On this was born an issue between the assistant teachers who, apparently, received a notice from the management simply indicating to them that their services would not be required and they would be bundled out of their jobs as the school would henceforth function without the primary school but with the high school and intermediate courses. What the management planned was to shut down the primary school. There was no complaint against any of the assistant teachers. The termination of services of the assistant teachers at the primary school was a class action which was faced by the comity of the assistant teachers of the primary school. The notice was only an empty formality intimating them, or, for that matter, sounding them that their services would no longer be required. According to the management, they were following the principle of rule of natural justice in giving an opportunity to these teachers to answer the notice. But. it is accepted that it had been decided that the notice was tantamount to giving a broad hint that these teachers should pack up and go away from the institution.
(3.) At this stage, finding themselves under a notice that the primary school would close down and they would be out of their jobs and having been so warned by such a notice, these teachers, ten of them, filed a writ petition. They challenged the notice, in fact, the very jurisdiction to issue such a notice and said that the law does not contemplate such a general sweeping notice that as a class the teachers concerned should be bundled out of employment only because the management had thought it fit to shut down the primary school and retain the High School with an upgraded Intermediate Courses. Their contention is that there was no cause which permits their dismissal, for any misdemeanour or such like aspects, inasmuch as the management resorted to legal engineering by giving them notice to offer a defence against a decision that there will be a closure of the primary school.;