Case Note & Summary
The petitioner, Sanjay Uttamrao Gawande, a teacher, filed a writ petition before the Bombay High Court, Nagpur Bench, challenging the non-approval of his services as a Special Teacher by the respondents, including the Divisional Social Welfare Officer and the District Social Welfare Officer. The only issue raised was the approval of his services. During the pendency of the petition, the respondents passed an order dated 13th March 2007 approving his services with effect from the date he acquired the requisite qualification. The court noted that the absence of qualification was apparently the only reason for not confirming the petitioner. Since the approval had been granted pursuant to the acquisition of the qualification and from the date of acquiring it, the court found no reason to further examine the matter. The petition was disposed of accordingly, with no order as to costs.
Headnote
A) Service Law - Approval of Services - Special Teacher - The only question was approval of petitioner's services as a Special Teacher. During pendency, respondents approved services from the date he acquired the qualification. Since absence of qualification was the only reason for non-approval, the petition was disposed of as infructuous. (Paras 2-4)
Issue of Consideration
Whether the petitioner's services as a Special Teacher should be approved.
Final Decision
Petition disposed of as infructuous since respondents approved petitioner's services as Special Teacher by order dated 13th March 2007 with effect from date of acquiring qualification. No order as to costs.
Law Points
- Approval of services
- acquisition of qualification
- disposal of petition as infructuous
Case Details
2010 LawText (BOM) (01) 321
Writ Petition No. 1029 of 2001
S.A. Bobde, Smt. Vasanti A. Naik
Mr. J.T. Gilda for petitioner, Mr. S.J. Jichkar, A.G.P. for respondent Nos. 1 and 2
Divisional Social Welfare Officer, The District Social Welfare Officer, Head Master, Sant Gadge Mukh Badhir Vidyalaya, Mukh Nayak Sewa Sanstha Sawra
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Nature of Litigation
Writ petition challenging non-approval of services as Special Teacher
Remedy Sought
Approval of petitioner's services as a Special Teacher
Filing Reason
Non-approval of petitioner's services as a Special Teacher
Previous Decisions
During pendency, respondents approved services by order dated 13th March 2007 with effect from date of acquiring qualification
Issues
Whether the petitioner's services as a Special Teacher should be approved.
Ratio Decidendi
Since the absence of qualification was the only reason for not confirming the petitioner, and approval has been granted from the date of acquiring the qualification, there is no reason to further go into the matter.
Judgment Excerpts
The only question raised in this petition is as to the approval of the petitioner services as a Special Teacher.
During the pendency of this petition, the respondents have approved the services of the Teacher by order dated 13th March, 2007 with effect from the date he acquired the qualification as mentioned in the order itself.
Hence, the petitioner’s approval as a Special Teacher made by the aforesaid order is correct and in accordance with law.
Procedural History
Petitioner filed Writ Petition No. 1029 of 2001 before the Bombay High Court, Nagpur Bench, challenging non-approval of his services as a Special Teacher. During pendency, respondents approved services by order dated 13th March 2007. Petition disposed of on 6th January 2010.
