Case Note & Summary
The petitioner, a minority institution, appointed Shri Anup Ganesh Warodkar as a teacher and sought approval from the District Vocational Officer. The Officer declined approval by order dated 21.05.2018 on the ground that prior permission under the proviso to Section 5(1) of the Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977 (M.E.P.S. Act) was not obtained. The petitioner challenged this order under Article 226 of the Constitution of India. The petitioner's counsel argued that Clause 8 of Government Resolution dated 12.09.2017 governs the issue and empowers the Director of Education to grant approval to appointments made by minority institutions without requiring such prior permission. The court examined Clause 8 and found that it indeed provides that for minority institutions, the Director may grant approval or issue a no-objection certificate without insisting on prior permission under Section 5(1). The court held that the District Vocational Officer's order was contrary to the Government Resolution and therefore unsustainable. The court allowed the petition, quashed the impugned order, and directed the respondents to grant approval to the appointment of Shri Anup Ganesh Warodkar within four weeks.
Headnote
A) Education Law - Minority Institution - Appointment of Teacher - Clause 8 of Government Resolution dated 12.09.2017 - The clause empowers the Director of Education to grant approval to appointments made by minority institutions without requiring prior permission under Section 5(1) of the M.E.P.S. Act. The District Vocational Officer's order declining approval was set aside. (Paras 2-4)
Issue of Consideration
Whether the District Vocational Officer could decline approval to the appointment of a teacher by a minority institution on the ground that prior permission under proviso to Section 5(1) of the M.E.P.S. Act was not obtained, in light of Clause 8 of Government Resolution dated 12.09.2017.
Final Decision
The petition is allowed. The impugned order dated 21.05.2018 is quashed and set aside. The respondents are directed to grant approval to the appointment of Shri Anup Ganesh Warodkar within four weeks from the date of the order.
Law Points
- Minority institution's right to appoint teachers
- Government Resolution dated 12.09.2017
- Clause 8
- Section 5(1) of Maharashtra Employees of Private Schools (Conditions of Service) Act
- 1977
- prior permission requirement not applicable to minority institutions
Case Details
2022 LawText (BOM) (11) 107
WRIT PETITION NO.6441 OF 2019
SANDEEP K. SHINDE, MRS. VRUSHALI V. JOSHI
Shri. S. P. Bhandarkar for petitioner, Ms. H. N. Jaipurkar, AGP for respondent Nos.1 to 3/State
Bengali Education Society, Through its President
The State of Maharashtra, Deputy Director, Divisional Vocational Officer, Bengali Education Society
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Nature of Litigation
Writ petition under Article 226 challenging order declining approval to appointment of a teacher by a minority institution.
Remedy Sought
Quashing of order dated 21.05.2018 and direction to grant approval to the appointment of Shri Anup Ganesh Warodkar.
Filing Reason
The District Vocational Officer declined approval on the ground that prior permission under Section 5(1) of M.E.P.S. Act was not obtained.
Previous Decisions
Order dated 21.05.2018 by District Vocational Officer declining approval.
Issues
Whether the District Vocational Officer could decline approval to the appointment of a teacher by a minority institution for want of prior permission under Section 5(1) of M.E.P.S. Act, in view of Clause 8 of Government Resolution dated 12.09.2017.
Submissions/Arguments
Petitioner argued that Clause 8 of Government Resolution dated 12.09.2017 empowers the Director to grant approval without prior permission under Section 5(1) of M.E.P.S. Act.
Respondents did not contest the interpretation of Clause 8.
Ratio Decidendi
Clause 8 of Government Resolution dated 12.09.2017 empowers the Director of Education to grant approval to appointments made by minority institutions without requiring prior permission under Section 5(1) of the M.E.P.S. Act. Therefore, the District Vocational Officer's order declining approval on that ground was unsustainable.
Judgment Excerpts
This petition under Article 226 of the Constitution of India takes exception to order dated 21.05.2018 whereby by the District Vocational Officer, declined approval to the appointment of Shri Anup Ganesh Warodkar, sought by the petitioner, a Minority Institute.
Thus could be seen that the clause 8 above empowers the Director of the Education, to grant approval to the appointment on...
Procedural History
The petitioner, a minority institution, appointed Shri Anup Ganesh Warodkar and sought approval from the District Vocational Officer. The Officer declined approval by order dated 21.05.2018. The petitioner then filed Writ Petition No.6441 of 2019 before the Bombay High Court, Nagpur Bench, challenging the order. The court heard the matter and delivered judgment on 24.11.2022.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977: Section 5(1)
- Constitution of India: Article 226
