Case Note & Summary
The Bombay High Court, Nagpur Bench, disposed of four writ petitions filed by employees challenging their termination from service. The petitioners were appointed in various educational institutions without following the statutory recruitment rules and without obtaining prior approval from the competent authority. The court held that appointments made in violation of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, and the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, are void ab initio and confer no right to continue in service. The court further held that termination of such illegal appointments does not require prior notice or opportunity of hearing, as the principle of natural justice does not apply to appointments made in violation of statutory rules. The court also noted that the appointments were made without following the reservation policy for Scheduled Castes, Scheduled Tribes, and Other Backward Classes, rendering them illegal. Consequently, the court dismissed all four writ petitions, upholding the termination of the petitioners.
Headnote
A) Service Law - Illegal Appointment - Void Ab Initio - Appointment made without following statutory recruitment rules and without approval of competent authority is void ab initio and confers no right to continue in service - Held that such employees cannot claim protection under Articles 226 and 227 of the Constitution of India (Paras 2-10). B) Service Law - Termination - No Notice Required - Termination of an appointment that is void ab initio does not require prior notice or opportunity of hearing - Held that the principle of natural justice does not apply to appointments made in violation of statutory rules (Paras 11-15). C) Service Law - Reservation Policy - Non-compliance - Appointments made without following reservation policy for Scheduled Castes, Scheduled Tribes, and Other Backward Classes are illegal - Held that such appointments cannot be regularized (Paras 16-20).
Issue of Consideration
Whether employees appointed without following the statutory recruitment rules and without approval of the competent authority are entitled to protection of their services under Articles 226 and 227 of the Constitution of India.
Final Decision
All four writ petitions are dismissed. The termination of the petitioners is upheld as their appointments were void ab initio.
Law Points
- Appointment without following statutory rules is void ab initio
- No right to continue in service if appointment is illegal
- Termination of such appointment does not require notice or opportunity
- Articles 226 and 227 of Constitution of India
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
- Maharashtra Zilla Parishads and Panchayat Samitis Act
- 1961
