Case Note & Summary
The petitioner, Dnyanganga Shikshan Sanstha, a private educational institution running Dyanganga Public School, challenged an order dated 26.12.2017 passed by respondent No. 3, the Education Officer (Primary), Zilla Parishad, Aurangabad. The order appointed respondent No. 4, Anilkumar Sakdeo, as the sole authority to sign salary and other bills of the teaching and non-teaching staff, and directed respondent Nos. 3 and 5 to accept pay/salary bills only from the Headmistress appointed by the petitioner, Mrs. Mangala Namdeo Nikam. The petitioner contended that this order interfered with its right to manage the school, including the appointment of staff and authorization of financial matters. The court examined the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the Rules, 1981, and found no provision empowering the Education Officer to appoint a signatory for salary bills or to dictate which Headmistress's bills should be accepted. The court held that the impugned order was without jurisdiction and liable to be set aside. The petition was allowed, and the order dated 26.12.2017 was quashed and set aside. The court directed that the salary bills submitted by the Headmistress appointed by the petitioner be processed in accordance with law.
Headnote
A) Education Law - Jurisdiction of Education Officer - Appointment of Signatory for Salary Bills - The Education Officer (Primary) exceeded his jurisdiction by appointing respondent No. 4 to sign salary bills and directing acceptance only from a particular Headmistress, as such powers are not conferred under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 or the Rules, 1981. The management's right to administer includes appointment of staff and authorization for financial matters. (Paras 1-10)
B) Education Law - Management Rights - Appointment of Headmistress - The petitioner, as the school management, had the authority to appoint Mrs. Mangala Namdeo Nikam as Headmistress, and the Education Officer could not unilaterally impose a different signatory for salary bills without legal basis. (Paras 2-8)
Issue of Consideration
Whether the Education Officer (Primary) had the jurisdiction to appoint respondent No. 4 to sign salary bills of the petitioner's school and to direct acceptance of bills only from a particular Headmistress, thereby interfering with the management's right to administer the school.
Final Decision
The writ petition is allowed. The order dated 26.12.2017 passed by respondent No. 3 is quashed and set aside. The respondents are directed to process the salary bills submitted by the Headmistress appointed by the petitioner in accordance with law.
Law Points
- Jurisdiction of Education Officer
- Appointment of Headmistress
- Salary Bills
- Private School Management
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
- Maharashtra Employees of Private Schools (Conditions of Service) Rules
- 1981
Case Details
2019 LawText (BOM) (12) 9
WRIT PETITION NO. 3026 of 2018
Prasanna B. Varale, Avinash G. Gharote
Mr. A.N. Nagargoje for petitioner, Mr. S.P. Sonpawale for respondents 1 and 2, Mrs. Vaishali A. Shinde (More) for respondent 3, Mr. C. K. Shinde for respondent 4, Mr. V. D. Hon for respondent 6, Mr. V. D. Salunke for applicant in C.A. No. 10555/2018, Mr. S. R. Kolhare for applicants in C.A. No. 9500/2018
Dnyanganga Shikshan Sanstha, Aurangabad, through its Secretary, Yogesh Vinayakrao Patil
The State of Maharashtra through its Secretary, School Education & Sports Department, The Deputy Director of Education, Aurangabad Region, The Education Officer (Primary), Zilla Parishad, Aurangabad, Anilkumar Sakdeo, The Superintendent Pay Unit (Primary), Chelipura Zilla Parishad High School, Smt. Sunita Laxmanrao Fuke
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Nature of Litigation
Writ petition challenging an order of the Education Officer (Primary) appointing a signatory for salary bills of a private school.
Remedy Sought
Quashing of order dated 26.12.2017 and direction to accept salary bills from the Headmistress appointed by the petitioner.
Filing Reason
The Education Officer (Primary) passed an order appointing respondent No. 4 to sign salary bills, which the petitioner claims is without jurisdiction and interferes with its right to manage the school.
Issues
Whether the Education Officer (Primary) had jurisdiction to appoint respondent No. 4 to sign salary bills of the petitioner's school.
Whether the impugned order interfered with the petitioner's right to administer the school.
Submissions/Arguments
Petitioner argued that the Education Officer exceeded his jurisdiction under the Act and Rules.
Respondents contended that the order was necessary to ensure proper administration.
Ratio Decidendi
The Education Officer (Primary) has no jurisdiction under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 or the Rules, 1981 to appoint a signatory for salary bills of a private school or to direct which Headmistress's bills should be accepted. Such interference with the management's right to administer is impermissible.
Judgment Excerpts
The present petition was heard alongwith other connected petitions, however, for the sake of convenience, we are deciding the petition separately, though the facts and documents are common.
By the present writ petition, the petitioner challenges the order dated 26.12.2017 (Exh. ‘N’) passed by the respondent No. 3 appointing respondent No. 4 to sign the salary and other bills of the teaching and non-teaching staff of Dyanganga Public School...
Procedural History
The writ petition was filed in 2018 challenging an order dated 26.12.2017. It was heard along with connected petitions and reserved on 11.10.2019, pronounced on 19.12.2019.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977:
- Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981:
