Case Note & Summary
The petitioner, Navnath Narsing Gore, an Assistant Teacher at Kai. Savitribai Phule Secondary and Higher Secondary School, Satephal, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 20.01.2016 passed by the Deputy Director of Education, Latur Division, Latur (respondent No.3). By the impugned order, the Deputy Director rejected the proposal for granting approval to the petitioner's services as Assistant Teacher in the school. The petitioner possessed M.A., B.Ed qualifications in Geography and Political Science and was eligible for the post. The school, managed by respondent No.4, issued an advertisement on 29.08.2008 in the newspaper 'Daily Lokmat' for filling up vacancies of Assistant Teachers in various subjects including Geography. One post was reserved for OBC category. The petitioner applied for the post of Assistant Teacher in Geography under the OBC category. After interview on 31.08.2008, he was selected and appointed by the management. The management forwarded the proposal for approval to the Deputy Director, who rejected it on the ground that the petitioner did not possess the requisite qualification of B.Ed in Geography and that the appointment was not made through the Employment Exchange. The petitioner contended that he had B.Ed in Geography and Political Science, and the rejection was without affording any opportunity of hearing. The court observed that the impugned order was passed in gross violation of principles of natural justice as no notice or opportunity was given to the petitioner or the management before passing the order. The court also noted that the Deputy Director did not consider the relevant material on record, including the petitioner's qualifications and the selection process. The court held that the order was unsustainable and liable to be set aside. Consequently, the writ petition was allowed, the impugned order was quashed, and the respondents were directed to grant approval to the petitioner's appointment as Assistant Teacher from the date of his initial appointment. The court further directed that the petitioner be paid consequential benefits within three months.
Headnote
A) Administrative Law - Natural Justice - Right to be heard - The Deputy Director of Education rejected the proposal for approval of appointment without affording any opportunity of hearing to the petitioner or the management, and without considering the relevant material on record - Held that such an order is in gross violation of principles of natural justice and cannot be sustained (Paras 10-12). B) Education Law - Appointment of Teachers - Approval - Sections 5 and 7 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The petitioner was duly selected and appointed as Assistant Teacher in Geography against an OBC vacancy after following due process of advertisement and interview - The Deputy Director's rejection was based on extraneous grounds and without application of mind - Held that the impugned order is quashed and set aside, and the respondents are directed to grant approval to the petitioner's appointment from the date of his initial appointment (Paras 3-9, 13-14).
Issue of Consideration
Whether the impugned order dated 20.01.2016 rejecting the proposal for granting approval to the services of the petitioner as Assistant Teacher is sustainable in law.
Final Decision
The writ petition is allowed. The impugned order dated 20.01.2016 passed by the Deputy Director of Education, Latur Division, Latur is quashed and set aside. The respondents are directed to grant approval to the appointment of the petitioner as Assistant Teacher from the date of his initial appointment. The petitioner be paid consequential benefits within three months. Rule is made absolute accordingly.
Law Points
- Natural justice
- Right to be heard
- Consideration of relevant material
- Approval of teacher appointment
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
