Case Note & Summary
The petitioners, five individuals, were appointed as Assistant Teachers (petitioners 1 and 2) and Shikshan Sevaks (petitioners 3, 4, and 5) at Dnyanasadhana College. Their appointments were initially approved by the educational authorities, but subsequently the approval was cancelled. The petitioners approached the High Court, which remanded the matter back to the Deputy Director of Education for reconsideration. On remand, the Deputy Director again rejected their case for being treated as regularly appointed Assistant Teachers/Shikshan Sevaks. The petitioners challenged this order, primarily on the ground that the cancellation was made without affording them an opportunity of hearing, violating principles of natural justice. The court, after hearing the parties, found merit in the contention and set aside the impugned order, directing the Deputy Director to hear the petitioners and pass a fresh order in accordance with law. The court did not delve into the merits of the case, leaving all contentions open for the Deputy Director to consider.
Headnote
A) Service Law - Appointment - Cancellation of Approval - Natural Justice - The Deputy Director of Education cancelled the approval of appointments of the petitioners without giving them an opportunity of hearing, which is violative of principles of natural justice - The court set aside the order and remanded the matter for fresh consideration after hearing the petitioners (Paras 1-3).
Issue of Consideration
Whether the cancellation of approval of appointments of the petitioners as Assistant Teachers and Shikshan Sevaks without affording them an opportunity of hearing is sustainable in law.
Final Decision
The court allowed the writ petition, set aside the impugned order of the Deputy Director of Education, and remanded the matter back to the Deputy Director for fresh consideration after giving an opportunity of hearing to the petitioners. All contentions were kept open.
Law Points
- Natural justice
- Right to be heard
- Cancellation of approval without notice
- Remand for fresh consideration
Case Details
2005 LawText (BOM) (02) 343
Writ Petition No. 3680 of 2004
F.I. Rebello, S.P. Kukday
Mr. Mihir Desai for Petitioner, Mr. R.S. Apte i/by M.S. Lagu for R. Nos. 1 and 2, Mrs. S.S. Bhende, A.G.P. for R. Nos. 3 and 4
Nishad Sadashiv Pawar, Anita Ashok Jogalekar, Vidya Shashikant Chavan, Uttara Arun Joshi, Prakash Mangatram Rohra
Dnyanasadhana College, The Principal, Dnyanasadhana College, Deputy Director of Education, Nashik Division, Nashik, State of Maharashtra
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging the order of the Deputy Director of Education cancelling the approval of appointments of the petitioners as Assistant Teachers and Shikshan Sevaks.
Remedy Sought
The petitioners sought to quash the order of the Deputy Director of Education and to be treated as regularly appointed Assistant Teachers/Shikshan Sevaks.
Filing Reason
The Deputy Director of Education cancelled the approval of their appointments without giving them an opportunity of hearing.
Previous Decisions
The matter was earlier remanded by the High Court to the Deputy Director for reconsideration, who again rejected the petitioners' case.
Issues
Whether the cancellation of approval of appointments without affording an opportunity of hearing is violative of principles of natural justice.
Submissions/Arguments
The petitioners submitted that the college has a total of 39 teachers and that the cancellation of approval was done without hearing them.
Ratio Decidendi
Cancellation of approval of appointments without affording an opportunity of hearing to the affected teachers is violative of principles of natural justice. The matter must be remanded for fresh consideration after hearing the parties.
Judgment Excerpts
It is not necessary to set out the facts in detail in view of the order to be passed.
The Petitioners in Ground (c) have raised the following contentions : 'The Petitioners submit that the college has a total of 39 teachers...'
Procedural History
The petitioners were appointed as Assistant Teachers and Shikshan Sevaks. Their appointments were initially approved, but later the approval was cancelled. They approached the High Court, which remanded the matter to the Deputy Director of Education. On remand, the Deputy Director rejected their case. The petitioners then filed the present writ petition.
