Case Note & Summary
The Bombay High Court at Aurangabad Bench decided two connected writ petitions concerning an assistant teacher in a 100% grant-in-aid school and the new management. The teacher, Rajashree Shivraj Patil, filed Writ Petition No. 6380 of 2020 challenging the denial of permanent approval to her appointment and the refusal to pay salary arrears. The management, Shardamata Shikshan Prasarak Mandal, filed Writ Petition No. 4819 of 2020 challenging the appointment of an administrator on its institution and the stoppage of grants. The teacher was appointed on 10-06-2006 and her service was approved year-to-year until the academic year 2009-2010, with salary paid accordingly. From 2010-2011, she received only temporary approvals and no regular salary. Earlier, she filed Writ Petition No. 5730 of 2018, and the Court on 21-01-2019 directed the management to submit a fresh proposal for permanent approval and salary bills. The Regional Deputy Commissioner rejected her claim on 20-06-2019 on the ground that she was appointed against a post reserved for scheduled tribe. The Principal Secretary dismissed her appeal on 20-09-2019 despite noting that she was appointed from the open category on 12-06-2007 and was qualified, but refused permanent approval due to a reservation backlog. The management had taken over the school on 09-09-2014 and had clarified it would not be responsible for past complications. The Chief Secretary passed an order on 11-03-2020 appointing an administrator and stopping grants. The core legal issues were whether an open category teacher could be denied permanent approval due to reservation roster irregularities by the erstwhile management, whether the new management could be held liable, and entitlement to salary arrears. The teacher argued she applied from the open category and should not suffer for the management's mess. The State contended the matter could be relegated and the new management should bear the sins of the previous management. The new management argued it was not the culprit and the irregularities occurred under the Social Welfare Department's oversight. The Court found that the teacher was appointed from the open category, not against a reserved post; on the date of her appointment, five assistant teachers were appointed, four from reserved categories and she was the only open category candidate. The erstwhile management had created the reservation mess, and the teacher could not be blamed. The impugned order was held perverse and erroneous. The new management was not responsible for the previous management's violations, and the administrator appointment was unjustified; however, the new management could be directed to fill the backlog through future appointments. The Court allowed the first petition, quashed the order dated 20-09-2019 to the extent of refusal, directed permanent approval to be issued by the competent authority by 30-10-2021, and ordered salary arrears from 2010-11 until the management transfer to be paid by the State department by 30-11-2021. Salary from 09-09-2014 onwards was to be paid from the salary grants of the new management by 31-12-2021, with regular salary from October 2021 uninterrupted. The second petition was partly allowed; the administrator appointment on the new management was quashed with the condition that the backlog be filled through future appointments.
Headnote
A) Service Law - Permanent Approval - Open Category Candidate Not Liable for Reservation Roster Irregularities - Constitution of India, 1950, Article 226 - Teacher appointed from open category on non-reserved post; erstwhile management created reservation mess; denial of permanent approval perverse and erroneous; court quashed rejection and directed permanent approval. (Paras 10-13) B) Service Law - Salary and Arrears - Back Wages and Grant Payments - Constitution of India, 1950, Article 226 - Upon grant of permanent approval, teacher entitled to salary from grants; arrears from 2010-11 until management transfer (09-09-2014) payable by State department; thereafter by new management from grants. (Paras 13-14) C) Education Law - Management Liability - New Management Not Responsible for Erstwhile Management's Wrongs - Constitution of India, 1950, Article 226 - Administrator appointment on new management unjustified when no role in violations; condition imposed to fill backlog through future appointments. (Paras 16-17)
Issue of Consideration
Whether open category teacher appointed in grant-in-aid school is entitled to permanent approval and salary despite reservation roster irregularities by erstwhile management; whether new management can be blamed and administrator appointed for erstwhile management's wrongs
Final Decision
Writ Petition No.6380 of 2020 allowed in terms of prayer clauses (B) and (C); impugned order dated 20-09-2019 quashed to extent of refusal of approval; permanent approval to be issued by respondent No.3 by 30-10-2021; outstanding salaries from 2010-11 until transfer to respondent No.4 to be paid by State department by 30-11-2021; salary from 09-09-2014 onwards from salary grants of respondent No.4 paid by 31-12-2021; regular salary from October 2021 uninterrupted. Writ Petition No.4819 of 2020 partly allowed; order appointing administrator on new management quashed with condition to fill backlog through future appointments.
Law Points
- Open category candidate cannot be penalized for erstwhile management's reservation roster irregularities
- permanent approval cannot be denied for backlog when appointee was from open category against non-reserved post
- new management not liable for sins of erstwhile management
- backlog to be filled through future appointments
- 100% grant-in-aid institution salaries payable from grants
- writ of certiorari and mandamus can correct perverse orders
