Case Note & Summary
The petitioners, Shaikh Rafe Moinuddin and Furkhan Ahmed Khan, were appointed as Laboratory Assistants on 20.12.2019 in Sir Sayyad College of Arts, Commerce and Science, Aurangabad, which is an aided college run by Rahber Educational Cultural and Welfare Society, a minority institution. The management forwarded proposals seeking approval of their appointments to the Joint Director of Higher Education, Aurangabad Division. However, by order dated 20.02.2023, the Joint Director returned the proposals on the ground that no prior permission was secured before appointing the petitioners. The petitioners challenged this order in the Bombay High Court, seeking a direction to accord approval and disburse regular salary. The petitioners argued that since the college is a minority institution under Article 30 of the Constitution, it was not required to obtain prior permission or no objection certificate from the education department. They also contended that sanctioned vacant posts were available, the ban on non-teaching staff appointments was lifted by Government Resolution dated 03.11.2018, and the appointments followed due procedure. The respondents, represented by the Assistant Government Pleader, supported the impugned order, relying on Circular dated 26.08.2021 which mandates prior permission for recruitment of non-teaching staff in aided colleges. The court examined the conditions in the staff approval letter dated 03.01.2019 and the Circular dated 26.08.2021, which clearly required prior permission. The court noted that no exemption was granted to minority institutions in these conditions. The court also considered the earlier Circular dated 30.01.2014 and Government Resolution dated 17.05.1994, but held that the latest Circular dated 26.08.2021 prevails. The court concluded that the condition of prior permission is mandatory and applies to all aided colleges, including minority institutions. There is no statutory provision exempting minority institutions from following the due procedure. The court dismissed the writ petition, upholding the impugned order.
Headnote
A) Service Law - Appointment Approval - Prior Permission - Minority Institution - Article 30 of the Constitution of India - The petitioners, appointed as Lab Assistants in a minority college, challenged the rejection of their approval proposals for lack of prior permission. The court held that the condition of prior permission under Circular dated 26.08.2021 applies to all aided colleges, including minority institutions, and no exemption is available under Article 30. The petition was dismissed. (Paras 9-16) B) Service Law - Government Circulars - Precedence - Circular dated 26.08.2021 - The court held that the latest circular dated 26.08.2021, which mandates prior permission, prevails over earlier circulars dated 30.01.2014 and Government Resolution dated 17.05.1994. The earlier circulars did not dispense with the requirement of prior permission for appointments. (Paras 13-15)
Issue of Consideration
Whether minority institutions are exempt from the requirement of obtaining prior permission from the education department before making appointments, under Article 30 of the Constitution of India.
Final Decision
The writ petition is dismissed. The impugned order dated 20.02.2023 is upheld. Rule is discharged. No order as to costs.
Law Points
- Prior permission mandatory for appointments in aided colleges
- Minority institutions not exempt from prior permission requirement
- Circular dated 26.08.2021 prevails over earlier circulars
- No statutory exemption under Article 30 for recruitment procedures
