Case Note & Summary
The petitioner, Ku. Preeti d/o Lawrence Antic, was appointed as Shikshan Sevak in St. Anthony's High School, Nagpur, pursuant to an advertisement dated 25-11-2014. The appointment order was issued on 8-12-2014, and the Education Officer (Secondary), Zilla Parishad, Nagpur, granted approval on 31-12-2014. However, by an order dated 4-7-2017, the Education Officer cancelled the approval without issuing any show cause notice or affording an opportunity of hearing to the petitioner. The petitioner appealed to the Deputy Director of Education, Nagpur Division, who dismissed the appeal on 27-4-2018. Aggrieved, the petitioner filed a writ petition challenging both orders and seeking continuation of approval from August 2016. The court noted that the cancellation was based on an alleged complaint that the petitioner was not appointed through a proper selection process, but no notice was given to the petitioner before cancellation. The court held that the principles of natural justice require that no order adverse to a person be passed without affording an opportunity of hearing. Since the cancellation was in gross violation of natural justice, the impugned orders were quashed and set aside. The court directed that the approval granted on 31-12-2014 shall be treated as subsisting and the petitioner shall be entitled to all consequential benefits, including salary from August 2016 onwards.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Cancellation of Approval - The Education Officer cancelled the approval granted to the petitioner's appointment as Shikshan Sevak without issuing any show cause notice or affording an opportunity of hearing - Held that such cancellation without following principles of natural justice is unsustainable and liable to be set aside (Paras 4-5). B) Education Law - Shikshan Sevak Appointment - Approval - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The petitioner was appointed as Shikshan Sevak pursuant to an advertisement, and her appointment was approved by the Education Officer on 31-12-2014 - The subsequent cancellation of approval without notice was held to be in violation of natural justice - The court restored the approval and directed continuation of salary (Paras 2-6).
Issue of Consideration
Whether the cancellation of approval granted to the appointment of the petitioner as Shikshan Sevak without affording an opportunity of hearing is sustainable in law.
Final Decision
The impugned orders dated 4-7-2017 and 27-4-2018 are quashed and set aside. The approval granted on 31-12-2014 shall be treated as subsisting. The petitioner is entitled to all consequential benefits, including salary from August 2016 onwards. Rule is made absolute in those terms.
Law Points
- Natural Justice
- Audi Alteram Partem
- Cancellation of Approval
- Shikshan Sevak Appointment
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
