Case Note & Summary
The petitioner, Mrs. Madhavi Pandharipande, was appointed as a clerk in the MCVC Department of G.S. College of Commerce and Economics, Nagpur, on 7 August 1999, based on a selection committee recommendation. Her appointment order stated that the Secondary School Code and Rules of the Department of Technical Education would apply. However, she was paid daily wages instead of the prescribed pay scale. On 22 October 2001, her services were terminated because the Deputy Director, Vocational Education and Training, had not granted approval. She appealed to the University and College Tribunal, which dismissed the appeal on merits, holding that her appointment was not in accordance with Rule 4 of the Standard Code. The High Court upheld this decision, finding that the appointment was irregular and thus the termination was justified.
Headnote
A) Service Law - Termination - Validity of Appointment - Standard Code Rule 4 - The petitioner was appointed as a clerk in MCVC Department but her appointment was not in accordance with Rule 4 of the Standard Code which provides for appointment of employees to Colleges. The University and College Tribunal dismissed her appeal, and the High Court upheld the dismissal, holding that the appointment itself was irregular and therefore termination was valid. (Paras 1-4)
Issue of Consideration
Whether the termination of the petitioner's services was valid given that her appointment was not in accordance with Rule 4 of the Standard Code
Final Decision
The High Court dismissed the writ petition, upholding the Tribunal's decision that the petitioner's appointment was not in accordance with Rule 4 of the Standard Code and therefore the termination was valid.
Law Points
- Appointment must be in accordance with Standard Code Rule 4
- University and College Tribunal has jurisdiction over MCVC appointments
- Termination for lack of approval is valid if appointment itself is irregular
Case Details
2010 LawText (BOM) (01) 327
WRIT PETITION NO. 1391 OF 2002
Shri V.P. Marpakwar for Petitioner, Shri S.N. Bhattad for Respondents No.1 & 2, Shri D.B. Patel, A.G.P. for Respondents No.3 & 4
Mrs. Madhavi W/o. Bhushan Pandharipande
The General Secretary, Shiksha Mandal, Wardha and others
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Nature of Litigation
Writ petition challenging the judgment of the University and College Tribunal dismissing the petitioner's appeal against termination of services.
Remedy Sought
Petitioner sought to challenge the termination of her services and the Tribunal's dismissal of her appeal.
Filing Reason
Petitioner's services were terminated on 22 October 2001 due to lack of approval from the Deputy Director, Vocational Education and Training.
Previous Decisions
The University and College Tribunal dismissed the petitioner's appeal on merits, holding that her appointment was not in accordance with Rule 4 of the Standard Code.
Issues
Whether the termination of the petitioner's services was valid given that her appointment was not in accordance with Rule 4 of the Standard Code
Submissions/Arguments
Petitioner argued that her appointment was valid and termination was unjustified.
Respondent management questioned the jurisdiction of the Tribunal but the Tribunal negatived that contention.
Ratio Decidendi
An appointment that is not in accordance with the prescribed rules (Standard Code Rule 4) is irregular, and termination of such an appointment is valid.
Judgment Excerpts
The appointment order mentioned amongst other things that the provisions of Secondary School Code, 1971 and amendments made from time to time and Rules and Regulations of the Department of Technical Education, Government of Maharashtra, governing vocational courses will be applicable to the petitioner.
the College Tribunal negatived this contention, but on merits held that the petitioner was not entitled to be appointed as her appointment was not in accordance with Rule 4 of the Standard Code which provides for appointment of employees to the Colleges and therefore, dismissed the appeal.
Procedural History
Petitioner appointed on 07.08.1999. Services terminated on 22.10.2001. Petitioner filed appeal before University and College Tribunal, which dismissed the appeal. Petitioner then filed the present writ petition in the High Court.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act:
