Case Note & Summary
The petitioner, Sachin Suryakant Landage, filed a writ petition challenging the judgment and order dated 14.08.2018 passed by the Presiding Officer under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act). The petitioner was appointed as an Assistant Teacher by respondent nos. 1 to 3 (the management of Shahu Maharaj Shikshan Sanstha) in a vacancy caused by the removal of Mr. S.R. Karande, who belonged to the Nomadic Tribe (N.T.) category. The management sought permission from respondent no. 4 (Education Officer) to fill the post from the same category, but the Education Officer refused to approve the appointment, stating that prior permission was required. The petitioner's appeal under Section 9 of the MEPS Act was dismissed by the Presiding Officer. The High Court examined the facts and held that since the previous teacher was from the N.T. category and was removed after disciplinary proceedings, the vacancy remained in the same category. The management was entitled to appoint a person from the same category without prior permission, as the post already belonged to that category. The Court allowed the writ petition, set aside the impugned order, and directed the Education Officer to approve the petitioner's appointment with continuity of service and all consequential benefits.
Headnote
A) Service Law - Appointment - Same Category Appointment - Section 9 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The petitioner was appointed as an Assistant Teacher from the Nomadic Tribe category after the previous teacher from the same category was removed. The Education Officer refused to approve the appointment on the ground that no prior permission was obtained. The Court held that when a vacancy arises due to removal of a teacher from a reserved category, the management can appoint a person from the same category without prior permission, as the post already belonged to that category. The impugned order dismissing the appeal was set aside. (Paras 1-10)
Issue of Consideration
Whether the appointment of the petitioner from the same category (N.T.) after the removal of the previous teacher required prior permission from the Education Officer under the MEPS Act, 1977.
Final Decision
The writ petition is allowed. The impugned judgment and order dated 14.08.2018 is quashed and set aside. The Education Officer (Primary), Zilla Parishad, Osmanabad is directed to approve the appointment of the petitioner as Assistant Teacher from the date of his initial appointment with continuity of service and all consequential benefits. Rule is made absolute in those terms.
Law Points
- Appointment from same category after removal of previous incumbent
- Permission from Education Officer not required for appointment from same category
- Section 9 of MEPS Act
- 1977
Case Details
2022 LawText (BOM) (04) 8
Writ Petition No. 1519 of 2019
Mr. V. D. Gunale for petitioner, Mr. Ameya N. Sabnis for respondent nos. 1 to 3, Mr. V. M. Vibhute for respondent no. 4
Sachin s/o Suryakant Landage
The President, Shahu Maharaj Shikshan Sanstha, Tuljapur; The Secretary, Shahu Maharaj Shikshan Sanstha, Tuljapur; The Headmaster, Shanti Sagar Prathamik Vidyamandir, Gopal Nagar, Tuljapur; The Education Officer (Primary), Zilla Parishad, Osmanabad
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging the order of the Presiding Officer under Section 9 of the MEPS Act, 1977 dismissing the petitioner's appeal against the refusal of the Education Officer to approve his appointment.
Remedy Sought
The petitioner sought quashing of the impugned order dated 14.08.2018 and direction to the Education Officer to approve his appointment with continuity of service and all consequential benefits.
Filing Reason
The petitioner's appointment as Assistant Teacher from the N.T. category was not approved by the Education Officer on the ground that prior permission was not obtained, and his appeal under Section 9 of the MEPS Act was dismissed.
Previous Decisions
The Presiding Officer dismissed the petitioner's appeal under Section 9 of the MEPS Act on 14.08.2018.
Issues
Whether the appointment of the petitioner from the same category (N.T.) after the removal of the previous teacher required prior permission from the Education Officer under the MEPS Act, 1977.
Submissions/Arguments
Petitioner argued that since the previous teacher was from the N.T. category and was removed, the vacancy remained in the same category and no prior permission was required for appointment from the same category.
Respondent no. 4 argued that prior permission was necessary before making the appointment.
Ratio Decidendi
When a vacancy arises due to removal of a teacher from a reserved category, the management can appoint a person from the same category without prior permission from the Education Officer, as the post already belonged to that category.
Judgment Excerpts
The petitioner questions the legality, propriety and correctness of the impugned judgment and order dated 14.08.2018 rendered by the Presiding Officer by which petitioner’s appeal came to be dismissed, which was preferred under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.
Since the previous teacher was from the N.T. category and was removed after disciplinary proceedings, the vacancy remained in the same category. The management was entitled to appoint a person from the same category without prior permission.
Procedural History
The petitioner was appointed as Assistant Teacher by respondent nos. 1 to 3. The Education Officer refused to approve the appointment. The petitioner filed an appeal under Section 9 of the MEPS Act, which was dismissed on 14.08.2018. The petitioner then filed the present writ petition before the High Court.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977: Section 9
- Bombay Public Trusts Act, 1950:
- Societies Registration Act, 1860:
