Case Note & Summary
The petitioner, Vilas Adhikrao Survase, filed a writ petition under Article 226 of the Constitution of India challenging the selection and appointment of respondent No.5, Ritesh Ashokrao Pandhare, as an Assistant Teacher (Physical Education) in the school run by respondent No.4, Saswad Mali Education Society. The petitioner had applied for the post advertised on 8-10-1999 in the daily Lokmat. He alleged that the selection process was illegal and arbitrary, and that the selection committee was not properly constituted as per the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the Rules framed thereunder. Specifically, he contended that the committee did not include an expert in Physical Education, and that the selection was vitiated by mala fides. The petitioner sought quashing of the selection and appointment of respondent No.5, and a direction to appoint him instead. The respondents, including the State of Maharashtra, the Deputy Director of Education, the Education Officer, the Society, and the selected candidate, opposed the petition. They argued that the selection committee was properly constituted with the Education Officer (Secondary) as a government nominee, and that the selection was based on merit after interviews. The court examined the composition of the selection committee and found that it included the Education Officer (Secondary) as a nominee of the State Government, which satisfied the requirement under Rule 12 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. The court held that the presence of an expert in Physical Education was not mandatory as the government nominee was an expert in education. The court also noted that the petitioner failed to prove any mala fides or illegality in the selection process. The court observed that the selection committee had awarded marks based on qualifications and experience, and the selected candidate had a B.Ed. degree and experience. The court concluded that there was no violation of any statutory provisions or principles of natural justice, and dismissed the petition with no order as to costs.
Headnote
A) Service Law - Teacher Selection - Composition of Selection Committee - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, Section 5; Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, Rule 12 - The selection committee for appointment of teachers in a private aided school must include a nominee of the State Government or an expert in the relevant subject. In this case, the committee included the Education Officer (Secondary) as a government nominee, which satisfied the requirement. The court held that the presence of an expert in Physical Education was not mandatory as the committee had a government nominee who was an expert in education. (Paras 5-7) B) Service Law - Teacher Selection - Mala Fides - Burden of Proof - The petitioner alleged that the selection was vitiated by mala fides and that the selection committee was biased. However, the court found no evidence to support these allegations. The burden of proving mala fides lies on the person alleging it, and the petitioner failed to discharge this burden. The selection process was conducted in a transparent manner with interviews and marks awarded. (Paras 8-10) C) Service Law - Teacher Selection - Qualifications - The petitioner claimed that he was more qualified than the selected candidate. The court noted that the selection committee considered the qualifications and experience of all candidates and awarded marks accordingly. The selected candidate had a B.Ed. degree and experience, which were relevant for the post. The court declined to interfere with the selection as it was based on merit. (Paras 11-12)
Issue of Consideration
Whether the selection and appointment of respondent No.5 as an Assistant Teacher (Physical Education) by respondent No.4 Society was illegal and arbitrary, and whether the petitioner was entitled to be appointed instead.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Selection of teachers in private aided schools
- Composition of selection committee
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
- Maharashtra Employees of Private Schools (Conditions of Service) Rules
- 1981
- Writ of mandamus
- Judicial review of selection process
