Case Note & Summary
The petitioner, Rahuri Education Society, through its Secretary, filed a writ petition challenging an order dated 30-06-2018 passed by the Education Officer (Secondary), Zilla Parishad, Ahmednagar, directing the reinstatement of respondent No.3, Dilip Punja Kasbe, a teacher. The petitioner contended that the Education Officer had no jurisdiction to pass such an order without the prior approval of the Deputy Director of Education as mandated by Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act). The respondent No.3 had been terminated from service, and the Education Officer, upon a complaint, ordered reinstatement. The petitioner argued that the Education Officer's order was without authority and that the proper procedure under the MEPS Act required approval from the Deputy Director. The court, after hearing the parties, found that the Education Officer indeed lacked jurisdiction to direct reinstatement without prior approval. The court noted that the Deputy Director of Education is the competent authority under Section 5 of the MEPS Act to grant approval for such actions. Consequently, the court allowed the writ petition, quashed the impugned order, and set aside the direction for reinstatement. The court also directed that if the respondent No.3 seeks any remedy, he may approach the appropriate authority under the MEPS Act. The rule was made absolute accordingly.
Headnote
A) Education Law - Jurisdiction of Education Officer - Reinstatement Order - Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The Education Officer directed reinstatement of the employee without prior approval of the Deputy Director of Education. The Court held that the Education Officer lacked jurisdiction to pass such an order as prior approval is mandatory under Section 5. The impugned order was quashed and set aside. (Paras 1-5)
Issue of Consideration
Whether the Education Officer (Secondary) has the jurisdiction to direct reinstatement of an employee without the prior approval of the Deputy Director of Education as required under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.
Final Decision
The writ petition is allowed. The impugned order dated 30-06-2018 passed by the Education Officer (Secondary), Zilla Parishad, Ahmednagar is quashed and set aside. Rule is made absolute accordingly.
Law Points
- Jurisdiction of Education Officer
- Prior approval requirement
- Section 5 MEPS Act
- 1977
- Reinstatement without approval
- Writ jurisdiction
