Case Note & Summary
The petitioner, Satywan Laxman Kale, filed a writ petition before the Bombay High Court challenging an order dated 21st August 2018 passed by the Education Officer (Secondary), Zilla Parishad, Sindhudurg, which denied approval to his appointment as a Peon in Arjun Ravrane Vidyalaya, Vaibhavwadi, Sindhudurg. The petitioner possessed an HSC certificate and belonged to the Nomadic Tribe-C (NT-C) category. A vacancy for the post of Peon in the NT-C category arose on 28th July 2011 due to the superannuation of Mr. V. L. Nevrekar. The school management (Respondent No.6) approached the Education Officer to ascertain if any suitable surplus candidate was available, but none was found. Subsequently, the management published an advertisement in the newspaper 'Lokmat' on 11th July 2011 inviting applications. The petitioner applied and was selected. However, the Education Officer rejected the proposal for approval on the ground that the appointment was made without following the procedure of seeking surplus candidates from the employment exchange. The High Court examined the facts and noted that the management had indeed sought information about surplus candidates from the Education Officer, who did not provide any. The Court also referred to a Government Resolution dated 13th April 2011 which mandated a special drive to fill backlog vacancies of backward classes. The Court held that the Education Officer's order was unjustified as the appointment was made after following due procedure, and the denial of approval was contrary to the Government Resolution. The Court allowed the petition, set aside the impugned order, and directed the Education Officer to grant approval to the petitioner's appointment with all consequential benefits.
Headnote
A) Service Law - Appointment Approval - Backlog Vacancy - The Education Officer denied approval to the appointment of a Peon on the ground that the management did not seek surplus candidates from the employment exchange. The Court held that the management had sought information from the Education Officer regarding surplus candidates and none were available, and the appointment was made after following the due procedure of advertisement and selection. The denial of approval was set aside. (Paras 2.3-2.6, 4-5) B) Education Law - Government Resolution - Special Drive for Backlog - The Government Resolution dated 13th April 2011 mandated a special drive to fill backlog vacancies of backward classes. The Court noted that the appointment was made during this drive and the petitioner belonged to NT-C category, which was a backlog category. The Education Officer's order was contrary to the spirit of the resolution. (Paras 2.4, 4)
Issue of Consideration
Whether the Education Officer was justified in denying approval to the appointment of the petitioner as Peon on the ground that the appointment was made without following the procedure of seeking surplus candidates from the employment exchange.
Final Decision
The petition is allowed. The impugned order dated 21st August 2018 passed by the Education Officer (Secondary), Zilla Parishad, Sindhudurg is quashed and set aside. The Education Officer is directed to grant approval to the appointment of the petitioner as Peon with effect from the date of his initial appointment, with all consequential benefits. Rule is made absolute accordingly.
Law Points
- Appointment approval
- backlog vacancy
- surplus candidate
- education service rules
- government resolution
