Case Note & Summary
The petitioners, Women's Education Society (a registered society and public trust), its college, and Smt. Rashmi Hrishikesh Deshpande, challenged the order of the Joint Director of Higher Education, Nagpur, dated 11/8/2011, refusing to grant approval to the appointment of petitioner No.3 as Registrar. The Joint Director rejected the approval on the ground that petitioner No.3 did not have experience from an educational institution, though she had more than three years of administrative experience. The petitioners contended that the Joint Director erred as the candidate possessed the necessary experience. The court, after hearing both sides, allowed the petition, set aside the impugned order, and directed the Joint Director to grant approval to the appointment within four weeks. The court held that the Joint Director's rejection was not justified.
Headnote
A) Service Law - Appointment of Registrar - Qualification Requirements - Experience in Educational Institution - The issue was whether the Joint Director could refuse approval to the appointment of a Registrar on the ground that the candidate did not have experience in an educational institution, when the candidate had more than three years of administrative experience. The court held that the Joint Director erred in rejecting the approval as the candidate possessed the requisite experience. (Paras 3-4)
Issue of Consideration
Whether the Joint Director of Higher Education was justified in refusing approval to the appointment of petitioner No.3 as Registrar on the ground that she lacked experience in an educational institution, despite having more than three years of administrative experience.
Final Decision
The petition is allowed. The impugned order dated 11/8/2011 passed by the Joint Director of Higher Education, Nagpur Division, Nagpur is quashed and set aside. The Joint Director is directed to grant approval to the appointment of petitioner No.3 as Registrar within four weeks from the date of receipt of the order. Rule is made absolute accordingly with no order as to costs.
Law Points
- Interpretation of qualification requirements for Registrar post
- Experience in educational institution includes administrative experience
- Joint Director cannot impose additional qualifications beyond prescribed rules
Case Details
2012 LawText (BOM) (01) 91
WRIT PETITION NO.6137 OF 2011
P.B.Majmudar, A.P.Bhangale
Mr. V.R.Thakur for petitioners, Mr. Nitin Sambre (Government Pleader) for respondents
Women's Education Society, Nagpur; Lady Amritabai Daga College for women of Arts, Commerce and Science and Smt. Ratnidevi Purohit College of Home Science and Home Science Technology; Smt. Rashmi Hrishikesh Deshpande
The State of Maharashtra through the Secretary Department of Higher Education; The Joint Director, Higher Education, Nagpur Division, Nagpur
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Nature of Litigation
Writ petition challenging the order of Joint Director of Higher Education refusing to grant approval to appointment of Registrar.
Remedy Sought
Petitioners sought quashing of the impugned order dated 11/8/2011 and direction to grant approval to the appointment of petitioner No.3 as Registrar.
Filing Reason
The Joint Director refused approval on the ground that petitioner No.3 did not have experience from an educational institution, though she had more than three years of administrative experience.
Previous Decisions
The Joint Director of Higher Education passed the impugned order on 11/8/2011 refusing approval.
Issues
Whether the Joint Director was justified in refusing approval to the appointment of petitioner No.3 as Registrar on the ground that she lacked experience in an educational institution.
Submissions/Arguments
Petitioners submitted that petitioner No.3 had more than three years of administrative experience and that it was not a requirement of law that the candidate must have three years' experience only in an educational institution.
Respondents argued in support of the impugned order.
Ratio Decidendi
The Joint Director erred in rejecting the approval on the ground that the candidate did not have experience in an educational institution, as the candidate possessed more than three years of administrative experience which satisfied the requirement.
Judgment Excerpts
The Joint Director of Higher Education by the impugned order dated 11/8/2011 refused to grant approval on the ground that petitioner no.3 is not possessing requisite experience in the educational institution and on the aforesaid ground, the approval is rejected.
The learned counsel for the petitioners vehemently submits that the Joint Director has erred in rejecting the approval sent by the Institution as, according to the learned counsel for the petitioners, petitioner no.3 was having necessary experience of three years on administrative side.
Procedural History
The petitioners filed a writ petition in the High Court challenging the order of the Joint Director of Higher Education dated 11/8/2011. The court issued rule and with consent of parties, took up the petition for final hearing.
Acts & Sections
- Societies Registration Act, 1860:
- Bombay Public Trust Act, 1950:
