Case Note & Summary
The petitioner, Shaikh Aaquib Faraz, was appointed as an Assistant Teacher by Respondent No. 2, Al-Frooq Taleemi Society Udgir, a minority educational institution. The Education Officer (Primary), Zilla Parishad, Latur, rejected the proposal for approval of his appointment vide communication dated 23.05.2017 on the grounds that there was a ban on recruitment after 02.05.2012 and that no objection certificate from the Education Officer was not obtained. The petitioner challenged this rejection by filing a writ petition under Article 226 of the Constitution of India. The petitioner's counsel, Dr. Godbole, relied on Section 3(2) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, which exempts the recruitment of the Head of a minority school and up to three other employees notified by the management to the Director or Deputy Director from the application of the Act. The management had notified three posts to the Deputy Director by communication dated 09.05.2022, including the petitioner's post. The court also considered the proviso to Section 5(1) of the Act, which requires management to fill vacancies in the prescribed manner and accommodate surplus teachers. However, the court held that the proviso does not apply to posts exempted under Section 3(2). The court found that the management had complied with the requirement of notifying three posts, thereby taking the petitioner's post out of the purview of the Act. Consequently, the ban on recruitment and the requirement of no objection certificate were not applicable. The court quashed and set aside the impugned communication dated 23.05.2017 and directed the Education Officer to grant approval to the petitioner's appointment within four weeks. The writ petition was allowed with no order as to costs.
Headnote
A) Education Law - Minority Educational Institution - Exemption from Recruitment Ban - Section 3(2) of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The petitioner was appointed as Assistant Teacher by a minority institution. The Education Officer rejected approval citing ban on recruitment after 02.05.2012 and lack of no objection certificate. The court held that since the management notified three posts to the Deputy Director under Section 3(2), the post held by the petitioner is exempt from the provisions of the Act, including the ban on recruitment. The impugned order was quashed and set aside. (Paras 2-6) B) Education Law - Surplus Teachers - Accommodation - Proviso to Section 5(1) of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The court considered the argument regarding accommodation of surplus teachers but held that the proviso does not apply to posts exempted under Section 3(2). The management's obligation to fill vacancies in the prescribed manner is subject to the exemption. (Para 5)
Issue of Consideration
Whether the appointment of the petitioner by a minority educational institution is exempt from the ban on recruitment imposed by the State Government, in view of Section 3(2) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.
Final Decision
The writ petition is allowed. The impugned communication dated 23.05.2017 is quashed and set aside. The Education Officer (Primary), Zilla Parishad, Latur is directed to grant approval to the appointment of the petitioner within a period of four weeks from the date of the order. Rule is made absolute accordingly. No order as to costs.
Law Points
- Minority educational institutions exempt from recruitment ban under Section 3(2) of MEPS Act
- 1977
- Notification of three posts to Deputy Director removes them from purview of Act
- Proviso to Section 5(1) regarding surplus teachers not applicable to exempted posts
