Case Note & Summary
The petitioners, Elizabeth Benjamin Joseph (Petitioner No.1) and the institution running the school (Petitioner No.2), challenged the order dated 04/07/2019 passed by Respondent No.2, the Education Officer, Zilla Parishad, Thane, rejecting the proposal for grant of approval to the appointment of Petitioner No.1 as a Peon. The rejection was based on the ban on recruitment imposed by Government Resolution dated 12/02/2015 and on the ground that the appointment was not on a sanctioned post. The petitioners contended that Petitioner No.2 is a minority institution and that the appointment was made on a sanctioned post which had fallen vacant due to the retirement of Neerabai Patil. The recruitment process had commenced before the ban. The petitioners relied on decisions of the Division Bench of this Court in Munoli Rajashri Karabasappa v. State of Maharashtra and Mahadev Rama Kaikadi v. State of Maharashtra to argue that the ban does not apply to minority institutions and to recruitment processes already commenced. The respondent State argued that no NOC was obtained and the ban was still in force. The court, after perusing records and considering submissions, held that the ban does not apply to minority institutions and also does not apply where the recruitment process had already commenced. The court allowed the petition, quashed the impugned order, and directed the Education Officer to grant approval to the appointment of Petitioner No.1 as Peon within four weeks.
Headnote
A) Education Law - Minority Institution - Recruitment Ban - Government Resolution dated 12/02/2015 - The petitioner, a minority institution, appointed a peon on a sanctioned post that fell vacant due to retirement. The Education Officer rejected approval citing the ban on recruitment. The court held that the ban does not apply to minority institutions and also does not apply where the recruitment process had already commenced before the ban. (Paras 2-6) B) Education Law - Sanctioned Post - Approval of Appointment - The appointment was made on a sanctioned post which had fallen vacant due to retirement. The court held that the appointment was valid and the Education Officer was not justified in rejecting the proposal on the ground that the appointment was not on a sanctioned post. (Paras 2-6)
Issue of Consideration
Whether the ban on recruitment imposed by Government Resolution dated 12/02/2015 applies to minority institutions and to recruitment processes that had already commenced before the ban.
Final Decision
The petition is allowed. The impugned order dated 04/07/2019 is quashed and set aside. The Respondent No.2 - Education Officer, Zilla Parishad, Thane is directed to grant approval to the appointment of Petitioner No.1 as Peon within four weeks from the date of receipt of the order.
Law Points
- Ban on recruitment under Government Resolution dated 12/02/2015 does not apply to minority institutions
- Recruitment process commenced before ban is not affected by ban
- Appointment on sanctioned post is valid even if ban is in force
