Case Note & Summary
The petitioners, Rajan Sahadeo Ratul (employee) and Tulsuli Aikyavardhak Sangh (management), filed a writ petition challenging the order dated 18th March 2020 of the Deputy Director of Education, Kolhapur region, refusing to grant approval to the appointment of the first petitioner as 'Shikshan Sevak' in the junior college of the second petitioner. The petitioners also sought release of grant-in-aid for payment of monthly honorarium. The facts reveal that upon the superannuation of a permanent teacher, the management appointed the first petitioner as Shikshan Sevak. The Deputy Director refused approval on the ground that the government had surplus candidates available. However, the court noted that the government had failed to nominate any candidate out of the surplus candidates and had also failed to communicate with the management. The court found that the matter was covered by its earlier decision in Gramvikas Shikshan Mandal & Ors v. State of Maharashtra & Ors (Writ Petition (St) No.4493 of 2022, decided on 26th April 2023), where it was held that if the government fails to nominate a surplus candidate and fails to communicate, the post cannot remain vacant indefinitely. The court deprecated the Education Department's lackadaisical attitude in persisting with its inflexible approach despite the previous decision. The court allowed the petition, quashed the impugned order, and directed the Deputy Director to grant approval to the appointment of the first petitioner as Shikshan Sevak and release the grant-in-aid.
Headnote
A) Education Law - Appointment Approval - Shikshan Sevak - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Refusal of approval by Education Officer when government fails to nominate surplus candidate - Held that if the government fails to nominate any candidate out of surplus candidates and fails to communicate with management, the post cannot remain vacant indefinitely; approval must be granted (Paras 2-3).
Issue of Consideration
Whether the Deputy Director of Education can refuse to grant approval to the appointment of a Shikshan Sevak when the government has failed to nominate a surplus candidate for the vacancy
Final Decision
Writ petition allowed. Impugned order dated 18th March 2020 quashed and set aside. Deputy Director of Education, Kolhapur region directed to grant approval to appointment of 1st petitioner as Shikshan Sevak and release grant-in-aid for payment of monthly honorarium.
Law Points
- Approval of appointment cannot be denied if government fails to nominate surplus candidate
- Education Department must act reasonably and not persist in inflexible approach after court decision
