Case Note & Summary
The Petitioner, Raghuvir Atmaram Sawant, was appointed as Registrar of Shri Chinai College of Commerce and Economics on 8th August, 1985, after an advertisement and selection process. Five years later, Respondent No.3, the Administrative Officer of Higher Education Grants, questioned the validity of his appointment based on complaints from third parties. The Petitioner sought a declaration that the State Education Department had no jurisdiction to question his appointment, and also sought directions for fixation of his pay in the scale of Rs.2000-3500 and payment of arrears with interest. The court found that the appointment was made following due process and that the challenge after five years was improper. The court allowed the petition, declaring that Respondent Nos.1 to 3 had no jurisdiction to question the appointment, and directed them to fix the Petitioner's pay in the appropriate scale and provide grants to the college.
Headnote
A) Service Law - Appointment - Jurisdiction of State Education Department - The State Education Department has no jurisdiction to question the appointment of a Registrar in an aided college after a lapse of five years, especially when the appointment was made following due process and approved by predecessors. The court held that the action of Respondent No.3 in questioning the appointment was unwarranted and uncalled for as a matter of propriety, on principal and on merits. (Paras 3-4)
Issue of Consideration
Whether Respondent Nos.1 to 3 (State Education Department) have jurisdiction to question the appointment of the Petitioner as Registrar of Respondent No.4 College made on 8th August, 1985, after a lapse of five years.
Final Decision
The court allowed the petition, declaring that Respondent Nos.1 to 3 have no jurisdiction to question the appointment of the Petitioner as Registrar of Respondent No.4 College made on 8th August, 1985. The court directed Respondent Nos.1 to 3 to fix the Petitioner's pay in the scale of Rs.2000-3500 from the relevant date and to pay interest on arrears at 12% p.a. from due date till payment, and to provide necessary grants to Respondent No.4 college.
Law Points
- Jurisdiction of State Education Department to question appointment of Registrar in aided college
- Limitation for challenging appointments
- Propriety of administrative action
