• Case Context:
  The petition challenged an order rejecting the appointment of Smt. Pooja Yogesh Singh as a Shikshan Sevak in a minority educational institution due to procedural violations, including defective advertisement and non-compliance with recruitment guidelines.

• Judgment:
  The High Court dismissed the petition, holding that the recruitment process violated Rule 9(2-A) of the MEPS Rules, 1981, and fundamental principles under Article 16 of the Constitution, which guarantees equality of opportunity in public employment.

1. Background of Petitioners and Relief Sought

• Petitioner 1: A teacher (Shikshan Sevak).
• Petitioner 2: Management of an aided minority institution.
• Relief Sought: Quashing the rejection of Petitioner 1's appointment and granting approval for the post.

2. Case of the Petitioners

• Appointment process included advertising, interviews, and selection based on merit.
• Contentions:
  • TET certificate not required for secondary school appointments in minority institutions.
  • Substantial compliance with advertisement norms before the issuance of the GR dated 10/06/2022.

3. Respondent’s Defense

• Advertisement published in a fortnightly newspaper without wide circulation, violating Rule 9(2-A) of MEPS Rules.
• Procedural lapses, such as missing documentation and lack of compliance with recruitment norms, were cited.

4. Court's Analysis and Findings

• Defective Advertisement:
  • Published in a fortnightly newspaper (“Bharatiya Nagrik”) with insufficient circulation.
  • Did not detail eligibility criteria or qualifications.
• Violation of Rule 9(2-A):
  • The rule mandates publication in widely circulated local newspapers to ensure transparency.
• Pattern of Non-Compliance:
  • Court highlighted a recurring issue of circumventing recruitment norms in similar cases.

5. Ratio Decidendi

• Transparency and equal opportunity are paramount in public employment, even for minority institutions.
• Failure to comply with Rule 9(2-A) renders the appointment process invalid.

6. Conclusion

• The Court upheld the rejection of the appointment.
• Petition dismissed due to non-compliance with mandatory procedural requirements.

Acts and Sections Discussed:

• Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981:
  Rule 9(2-A): Mandates widely circulated newspaper advertisements for recruitment.
• MEPS Act, 1977: Governs employment in private aided schools.
• Article 16 of the Constitution: Ensures equality of opportunity in public employment.

Subjects:

Recruitment Rules for Teachers in Aided Minority Institutions.
MEPS Rules, Recruitment Norms, Minority Institution, Shikshan Sevak, Bombay High Court, Transparency in Employment, Public Employment, Rule 9(2-A), Article 16.