Case Note & Summary
The petitioner, Young Boys Educational and Industrial Circle, through its president, filed a writ petition challenging a letter dated 09.04.2015 issued by the Deputy Director of Education, Nasik Division, which imposed a condition that while granting additional staff as per the staffing pattern, the petitioner institution must absorb surplus staff from other schools. The petitioner sought quashing of that letter and directions to sanction staff as per its proposals without such condition. The petitioner argued that the condition was impermissible in view of the Bombay High Court's decision in Canossa Society & anr vs. Commissioner & ors., particularly paragraph 22. The court, after hearing the counsel for the petitioner and the AGP for the respondents, found that the condition imposed was indeed contrary to the law laid down in Canossa Society. The court quashed the impugned letter and directed the respondents to consider the petitioner's proposal for additional staff afresh, without imposing the condition to absorb surplus staff, and in accordance with the staffing pattern and government policy prevailing at the time of the proposal in 2011. The court disposed of the petition with no order as to costs.
Headnote
A) Education Law - Staffing Pattern - Surplus Staff Absorption - Maharashtra Secondary and Higher Secondary Education Act/ Rules - Condition to absorb surplus staff from other schools while granting additional staff is impermissible - Held that such condition is contrary to law laid down by Bombay High Court in Canossa Society & anr vs. Commissioner & ors. (Paras 3-4).
Issue of Consideration
Whether the condition imposed by the Deputy Director of Education to absorb surplus staff from other schools while granting additional staff to the petitioner institution is lawful.
Final Decision
The impugned letter dated 09.04.2015 is quashed and set aside. The respondents are directed to consider the petitioner's proposal for additional staff afresh, without imposing the condition to absorb surplus staff from other schools, and in accordance with the staffing pattern and government policy prevailing at the time of the proposal in 2011. The petition is disposed of. No order as to costs.
Law Points
- Condition to absorb surplus staff from other schools while granting additional staff is impermissible
- Staffing pattern must be considered as per policy prevailing at time of proposal
