Case Note & Summary
The petitioners, Syed Mateen and Shaikh Irshad, were appointed as Shikshan Sevak in Urdu Primary School, Dharmabad, following a selection process initiated after two Assistant Teachers retired on 31.5.2012. The Headmaster sought permission to advertise the vacancies, and after advertisement, the petitioners applied and were selected. They were appointed on 13.8.2012 and joined service on 16.8.2012. The Education Officer (Primary), Zilla Parishad, Nanded, granted approval to their appointments on 18.9.2013. However, on 10.11.2014, the Education Officer passed an order cancelling the approval without issuing any show cause notice or affording the petitioners an opportunity of hearing. The petitioners challenged this order by way of a writ petition before the Bombay High Court. The court held that the impugned order was passed in violation of the principles of natural justice as the petitioners were not given any opportunity to be heard before the cancellation. The court set aside the order and remitted the matter back to the Education Officer to decide the issue afresh after giving an opportunity of hearing to the petitioners and the school management. The court directed that the petitioners shall continue to work as Shikshan Sevak until the fresh decision is taken, and the Education Officer was directed to decide the matter within four months from the date of the order.
Headnote
A) Administrative Law - Natural Justice - Cancellation of Approval - Opportunity of Hearing - The Education Officer cancelled the approval granted to the petitioners' appointments without issuing any show cause notice or giving them an opportunity of hearing - Held that such cancellation without hearing is violative of principles of natural justice and the impugned order is liable to be quashed (Paras 4-5).
Issue of Consideration
Whether the Education Officer could cancel the approval granted to the appointment of the petitioners as Shikshan Sevak without affording them an opportunity of hearing.
Final Decision
The writ petition is allowed. The impugned order dated 10.11.2014 is quashed and set aside. The matter is remitted back to the Education Officer (Primary), Zilla Parishad, Nanded to decide the issue afresh after giving an opportunity of hearing to the petitioners and the school management. The petitioners shall continue to work as Shikshan Sevak until the fresh decision is taken. The Education Officer is directed to decide the matter within four months from the date of the order.
Law Points
- Natural justice
- opportunity of hearing
- cancellation of approval without notice
- violation of principles of natural justice
- quashing of order
