Case Note & Summary
The petitioners, Ms. Bhavna Kisan Uradya (Petitioner No.1) and Sneh Vardhak Mandal (Petitioner No.2), filed a writ petition under Article 226 of the Constitution of India seeking a direction to Respondent No.3, the Education Officer (Secondary), Zilla Parishad, Palghar, to grant approval to the appointment of Petitioner No.1 as Shikshan Sevak in the aided Secondary School of Petitioner No.2 Management and to release grant-in-aid for payment of monthly honorarium for 3 years. Petitioner No.1 belongs to Hindu Varli Caste (Scheduled Tribe category) and her caste claim was validated by the Caste Certificate Scrutiny Committee, Konkan Division, Thane vide Certificate of Validity dated 24/04/2007. She is qualified with HSC, D.Ed, and B.A. Petitioner No.2 is an educational institution. Upon the retirement of one Shri S D Chaudhari on 30/04/2012, a post of teacher became vacant. As per the roster of the school, there was a backlog in the ST category. Petitioner No.2 published an advertisement in the newspaper 'Daily Sakal' dated 04/07/2012 inviting applications for the post of Shikshan Sevak. Petitioner No.1 applied and was appointed on 01/08/2012. The appointment was made against a backlog ST vacancy. The Education Officer refused to grant approval on the ground that the appointment was made without prior permission. The petitioners argued that since the vacancy was a backlog ST vacancy, no prior permission was required. The court, after hearing the parties, held that the appointment was valid and directed the Education Officer to grant approval and release grant-in-aid. The court relied on the fact that the vacancy was a backlog ST vacancy and the appointment was made in accordance with the roster. The court also noted that the Education Officer had not considered the backlog position. The writ petition was allowed with a direction to the Education Officer to grant approval within four weeks and to release grant-in-aid accordingly.
Headnote
A) Service Law - Appointment - Backlog Vacancy - Shikshan Sevak - Approval - The court considered whether the Education Officer could refuse approval to the appointment of a Shikshan Sevak made against a backlog ST vacancy without prior permission. The court held that since the vacancy was a backlog ST vacancy, the appointment was valid and the Education Officer was bound to grant approval and release grant-in-aid. (Paras 1-9) B) Service Law - Roster - Backlog Vacancy - ST Category - The court examined the roster position and found that there was a backlog in ST category. The court held that the appointment made against a backlog vacancy does not require prior permission and the Education Officer must grant approval. (Paras 3-8) C) Service Law - Shikshan Sevak Scheme - Grant-in-Aid - The court directed the Education Officer to grant approval to the appointment of Petitioner No.1 as Shikshan Sevak and to release grant-in-aid for payment of monthly honorarium for 3 years. (Para 9)
Issue of Consideration
Whether the Education Officer is justified in refusing approval to the appointment of Petitioner No.1 as Shikshan Sevak on the ground that the appointment was made without prior permission, despite the vacancy being a backlog ST vacancy and the appointment being made in accordance with the roster.
Final Decision
The writ petition is allowed. The Education Officer (Secondary), Zilla Parishad, Palghar is directed to grant approval to the appointment of Petitioner No.1 as Shikshan Sevak and to release grant-in-aid for payment of monthly honorarium for 3 years. The said exercise shall be completed within four weeks from the date of this order.
Law Points
- Appointment against backlog vacancy
- Shikshan Sevak scheme
- approval of appointment
- grant-in-aid
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
- Maharashtra Zilla Parishads and Panchayat Samitis Act
- 1961
