Case Note & Summary
The petitioner, Datta Govind Pawar, was appointed as an Assistant Teacher and later transferred from an unaided division to an aided division of a school on 10 July 2019. The Education Officer (Secondary) granted approval to this transfer on 20% grant-in-aid basis on 10 December 2020. Subsequently, the school management submitted a proposal to include the petitioner's name in the Shalarth Pranali (online payment system) to the Deputy Director of Education. However, the Deputy Director rejected the proposal on 5 October 2021 and again on 6 January 2022, on the ground that the Education Officer had not granted permission to fill the post of Marathi subject and permission for the Nomadic Tribe (A) category in 2013. Aggrieved, the petitioner filed a writ petition under Article 226 of the Constitution of India seeking a writ of Certiorari to quash the impugned order. The court observed that the Education Officer had already granted approval to the transfer, and the Deputy Director had no jurisdiction to re-examine the merits of the transfer or the initial appointment. The court held that the Deputy Director's role was limited to entering the name in the Shalarth Pranali for online payment, and he could not sit in appeal over the approval granted by the Education Officer. Accordingly, the court quashed the impugned order dated 5 October 2021 and directed the Deputy Director to include the petitioner's name in the Shalarth Pranali within two weeks. The writ petition was allowed with no order as to costs.
Headnote
A) Constitutional Law - Writ of Certiorari - Article 226 of the Constitution of India - Quashing of order - The petitioner sought quashing of the order dated 05.10.2021 passed by the Deputy Director (Education) refusing to enter his name in the Shalarth Pranali despite the transfer being approved by the Education Officer - The court held that the Deputy Director has no jurisdiction to re-examine the merits of the transfer already approved by the Education Officer - The impugned order was quashed and set aside (Paras 2-7). B) Education Law - Shalarth Pranali - Online Payment System - Approval of Transfer - The petitioner was appointed as Assistant Teacher and transferred from unaided to aided division on 10.07.2019, with approval granted by the Education Officer on 10.12.2020 - The Deputy Director rejected the proposal to include the petitioner's name in Shalarth Pranali on the ground that permission to fill the post was not granted in 2013 - The court held that the Deputy Director cannot sit in appeal over the approval granted by the Education Officer and directed inclusion of the petitioner's name in Shalarth Pranali (Paras 3-7).
Issue of Consideration
Whether the Deputy Director of Education can refuse to enter the name of a teacher in the Shalarth Pranali for online payment on the ground that the initial appointment or transfer was not in accordance with law, when the Education Officer has already granted approval to the transfer.
Final Decision
The court allowed the writ petition, quashed the impugned order dated 05.10.2021, and directed the Deputy Director of Education to include the petitioner's name in the Shalarth Pranali within two weeks. No order as to costs.
Law Points
- Writ of Certiorari
- Article 226
- Shalarth Pranali
- approval of transfer
- jurisdiction of Deputy Director
- online payment system
