Case Note & Summary
The petitioner, Pandurang Narayan Kanekar, was appointed as a 'Shikshan Sevak' on 21st August 2012 by respondent No.6 (Talere Panchkroshi Shikshan Prasarak Mandal) for respondent No.7 school (Wamanrao Mahadik Madhyamik Vidyalaya). The appointment followed due procedure and was approved by respondent No.5 (Education Officer (Secondary), Zilla Parishad, Sindhudurg). However, on 5th November 2019, respondent No.4 (Deputy Director of Education, Kolhapur Region) passed an order cancelling the approval granted to the petitioner's appointment. The petitioner challenged this cancellation order by way of a writ petition before the Bombay High Court. The primary legal issue was whether the cancellation order was sustainable when the petitioner was not given any show cause notice or opportunity of hearing before the order was passed. The petitioner argued that the impugned order was passed in gross violation of principles of natural justice. The respondents, represented by the Assistant Government Pleader, did not dispute the lack of notice or hearing. The court, after hearing both sides, found that the impugned order was indeed passed without affording any opportunity of hearing to the petitioner, which is a fundamental breach of natural justice. The court held that such an order cannot be sustained and accordingly quashed and set aside the order dated 5th November 2019. The writ petition was allowed with no order as to costs.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Cancellation of Approval - The Deputy Director of Education cancelled the approval granted to the petitioner's appointment as Shikshan Sevak without issuing any show cause notice or affording an opportunity of hearing to the petitioner. Held that such an order passed in violation of principles of natural justice is unsustainable and liable to be set aside. (Paras 1-8)
B) Service Law - Shikshan Sevak Appointment - Approval - Cancellation - The Education Officer had granted approval to the petitioner's appointment as Shikshan Sevak on 21.08.2012. The Deputy Director cancelled this approval on 05.11.2019 without hearing the petitioner. Held that the cancellation order is bad in law and quashed. (Paras 1-8)
Issue of Consideration
Whether the impugned order dated 5th November, 2019 passed by the Deputy Director of Education cancelling the approval granted to the petitioner's appointment as Shikshan Sevak is sustainable in law, particularly when the petitioner was not heard before passing the order.
Final Decision
The court allowed the writ petition and quashed and set aside the order dated 5th November 2019 passed by respondent No.4 – Deputy Director of Education, Kolhapur Region, Kolhapur. No order as to costs.
Law Points
- Natural Justice
- Audi Alteram Partem
- Cancellation of Approval
- Shikshan Sevak Appointment
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
Case Details
2022 LawText (BOM) (03) 44
Writ Petition No.219 of 2022
SUNIL B. SHUKRE, G.A. SANAP
Mr. Prashant Bhavake for Petitioner, Mr. V.M. Mali, A.G.P for Respondent-State
Pandurang Narayan Kanekar
The State of Maharashtra through Secretary, School Education Department; The Commissioner of Education, School Education Department, Maharashtra State, Pune; The Director of Education (Secondary) Maharashtra State, Pune; The Deputy Director of Education, Kolhapur Region, Kolhapur; The Education Officer (Secondary) Zilla Parishad, Sindhudurg; Talere Panchkroshi Shikshan Prasarak Mandal, Mumbai; Wamanrao Mahadik Madhyamik Vidyalaya, Talere, Tal. Kankavali, District: Sindhudurg through its Headmaster
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Nature of Litigation
Writ petition challenging cancellation of approval of appointment as Shikshan Sevak.
Remedy Sought
Petitioner sought quashing of order dated 5th November 2019 passed by Deputy Director of Education cancelling approval of his appointment.
Filing Reason
The Deputy Director of Education cancelled the approval granted to the petitioner's appointment as Shikshan Sevak without issuing any show cause notice or affording an opportunity of hearing to the petitioner.
Previous Decisions
The Education Officer (Secondary) had granted approval to the petitioner's appointment on 21st August 2012. The Deputy Director cancelled this approval on 5th November 2019.
Issues
Whether the impugned order dated 5th November, 2019 passed by the Deputy Director of Education cancelling the approval granted to the petitioner's appointment as Shikshan Sevak is sustainable in law, particularly when the petitioner was not heard before passing the order.
Submissions/Arguments
Petitioner argued that the impugned order was passed in gross violation of principles of natural justice as no show cause notice or opportunity of hearing was given to him before cancellation of approval.
Respondent-State did not dispute the lack of notice or hearing.
Ratio Decidendi
An order cancelling approval of appointment passed without affording any opportunity of hearing to the affected party is in gross violation of principles of natural justice and cannot be sustained.
Judgment Excerpts
The petitioner has challenged the order dated 5th November, 2019 passed by respondent No.4 – The Deputy Director of Education, Kolhapur Region, Kolhapur, whereby, Deputy Director cancelled the approval granted by respondent No.5 – The Education Officer (Secondary) Zilla Parishad Sindhudurg to the appointment of the petitioner as 'Shikshan Sevak'.
It is the case of the petitioner that vide order dated 21st August, 2012, he was appointed as 'Shikshan Sevak' by respondent No.6 by following due procedure as provided under the Act.
The impugned order has been passed without issuing any show cause notice to the petitioner and without affording any opportunity of hearing to the petitioner.
In our view, the impugned order is in gross violation of principles of natural justice and therefore, cannot be sustained.
Accordingly, the writ petition is allowed. The impugned order dated 5th November, 2019 passed by respondent No.4 is quashed and set aside.
Procedural History
The petitioner was appointed as Shikshan Sevak on 21st August 2012, and the Education Officer granted approval. On 5th November 2019, the Deputy Director of Education cancelled the approval. The petitioner filed Writ Petition No.219 of 2022 before the Bombay High Court challenging the cancellation order. The High Court heard the matter and delivered judgment on 4th March 2022.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977:
