Case Note & Summary
The petitioner, Mr. Ganesh Sidhanth Khilare, an employee working with Respondent No. 4 school run by Respondent No. 5 Educational Institute, challenged the impugned orders dated 18 November 2022 and 6 December 2022 passed by Respondent No. 3 Education Officer (Secondary), Zilla Parishad, Solapur and Respondent No. 2 Deputy Director of Education, Pune Region, Pune respectively. The effect of the impugned orders was that the proposal for entering the petitioner's name in the Shalarth ID system was rejected. The Education Officer had recommended cancellation of the approval granted to the petitioner on 6 July 2022, stating that the initial approval was granted due to 'inadvertence'. Based on this communication, the Deputy Director of Education refused to enter the petitioner's name in the Shalarth ID system. The court noted that the petitioner had been working since 2017 and his appointment was approved on 6 July 2022. The court held that the Education Officer had no authority to cancel the approval on the ground of inadvertence, and that the entry of name in Shalarth ID is a ministerial act not requiring re-approval. The court further held that the impugned orders were passed without any notice or hearing to the petitioner, violating principles of natural justice. The court quashed the impugned orders and directed the respondents to enter the petitioner's name in the Shalarth ID system within four weeks.
Headnote
A) Education Law - Appointment Approval - Cancellation on Ground of Inadvertence - The Education Officer cannot cancel the approval of appointment of a teacher on the ground that it was granted inadvertently, without any authority of law and without giving opportunity of hearing to the teacher. The court held that the impugned orders are arbitrary and violative of principles of natural justice. (Paras 5-6) B) Education Law - Shalarth ID Entry - Nature of Entry - The entry of name in Shalarth ID system is a ministerial act and does not require re-approval of appointment. The court held that once approval is granted, the education authority cannot reconsider the same at the stage of entering name in Shalarth ID. (Para 5) C) Education Law - Natural Justice - Opportunity of Hearing - Before passing any order adverse to the interest of an employee, the authority must give an opportunity of hearing. The court held that the impugned orders were passed without any notice or hearing to the petitioner, violating principles of natural justice. (Para 6)
Issue of Consideration
Whether the Education Officer can cancel the approval of appointment of a teacher on the ground of 'inadvertence' and refuse to enter the teacher's name in the Shalarth ID system without affording an opportunity of hearing.
Final Decision
The court allowed the writ petition, quashed the impugned orders dated 18 November 2022 and 6 December 2022, and directed the respondents to enter the petitioner's name in the Shalarth ID system within four weeks from the date of the order.
Law Points
- Approval once granted cannot be revoked on ground of inadvertence
- Natural justice requires opportunity of hearing before adverse order
- Shalarth ID entry is ministerial act not fresh approval
- Education Officer cannot cancel approval without authority
