Case Note & Summary
The petitioners, including the employee (Petitioner No. 1) and the school management (Petitioners No. 2 and 3), challenged an order dated 31 December 2014 passed by the Deputy Director of Education, Kolhapur Region, refusing approval to the appointment of Petitioner No. 1 as a full-time Shikshan Sevak. The management had a vacancy due to promotion of a teacher to supervisor. The vacancy was a backlog reserved category post. The management applied to the Deputy Director on 19 June 2012 for surplus teachers or permission to advertise. Receiving no response, after six months they advertised on 10 October 2012. Interviews were held on 21 October 2012; no reserved category candidates appeared. Petitioner No. 1, an open category candidate, was selected and appointed on 22 October 2012. On 9 July 2014, the headmaster submitted a proposal for approval. The Deputy Director passed the impugned order on 31 December 2014 refusing approval on the ground that the appointment was made without prior permission and that the post was reserved for backlog. The petitioners argued that under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and Rules 9 and 12 of the Rules, the Deputy Director was required to communicate the decision within a statutory period, and failure to do so results in deemed approval. The Court noted that the proposal was submitted on 9 July 2014 and the order was passed on 31 December 2014, beyond the statutory period. The Court held that the non-communication of the decision within the prescribed time leads to deemed approval. The impugned order was quashed and set aside. The Court directed that the appointment of Petitioner No. 1 be deemed approved from the date of the proposal, with all consequential benefits, including continuity of service and salary, but without arrears for the period prior to the order. The petition was allowed.
Headnote
A) Service Law - Deemed Approval - Non-Communication of Decision - Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 read with Rule 9 and Rule 12 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 - The management sought approval for appointment of a Shikshan Sevak. The Deputy Director of Education did not communicate any decision within the statutory period. The Court held that the failure to communicate the decision within the prescribed time results in deemed approval of the appointment. The impugned order refusing approval passed after the statutory period is unsustainable. (Paras 5-8) B) Service Law - Backlog Vacancy - Appointment from Open Category - The vacancy was a backlog reserved category vacancy. No reserved category candidates were available. The management appointed an open category candidate. The Court did not specifically address this issue but allowed the petition on the ground of deemed approval.
Issue of Consideration
Whether the refusal of approval to the appointment of Petitioner No. 1 as Shikshan Sevak by the Deputy Director of Education is sustainable when the decision was not communicated within the statutory period, and whether the appointment is deemed to have been approved.
Final Decision
The impugned order dated 31 December 2014 is quashed and set aside. The appointment of Petitioner No. 1 as Shikshan Sevak is deemed to have been approved from the date of the proposal (9 July 2014). The petitioners are entitled to all consequential benefits including continuity of service and salary, but without arrears for the period prior to this order. Rule is made absolute accordingly.
Law Points
- Deemed approval
- statutory period
- non-communication of decision
- Shikshan Sevak
- appointment approval
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
- Section 5
- Rule 9
- Rule 12
