Case Note & Summary
The petitioner, Satish Dnyaneshwar Ghodke, a trained teacher with B.A. and D.Ed. qualifications, was appointed as Shikshan Sevak in respondent No.3 School, a 100% grant-in-aid primary school. The respondent No.2 Education Officer refused to grant approval to the appointment by order dated 13th May 2015, on the ground that the petitioner had passed the D.Ed. examination in September 2011, i.e., after the cut-off date of 31.10.2010 prescribed in the Government Resolution dated 15.10.2010. The petitioner challenged this order by filing a Writ Petition under Article 226 of the Constitution of India. The Court examined the Government Resolution and noted that the cut-off date of 31.10.2010 was applicable to candidates who were to be appointed through the Centralized Admission Process (CAP) conducted by the State. However, in the present case, the petitioner was appointed by the school management directly, not through CAP. The Court held that the cut-off date was not applicable to such appointments. The Court further observed that the petitioner was otherwise qualified and the school had followed the due process. The Court allowed the petition, quashed the impugned order, and directed the Education Officer to grant approval to the petitioner's appointment as Shikshan Sevak from the date of his initial appointment and to release the arrears of salary within four weeks.
Headnote
A) Education Law - Appointment of Shikshan Sevak - D.Ed. Qualification - Cut-off Date - The petitioner, a trained teacher with B.A., D.Ed., was appointed as Shikshan Sevak in a grant-in-aid primary school. The Education Officer refused approval on the ground that the petitioner passed D.Ed. in September 2011, after the cut-off date of 31.10.2010 as per Government Resolution dated 15.10.2010. The Court held that the cut-off date applies to candidates seeking appointment through the Centralized Admission Process (CAP), not to appointments made by the school management directly. Since the petitioner was appointed by the school management, the cut-off date was not applicable. The Court directed the Education Officer to grant approval and release arrears of salary. (Paras 3-8)
Issue of Consideration
Whether the Education Officer was justified in refusing approval to the appointment of the petitioner as Shikshan Sevak on the ground that the petitioner had passed D.Ed. examination in September 2011, i.e., after the cut-off date of 31.10.2010 prescribed in the Government Resolution dated 15.10.2010.
Final Decision
The Court allowed the petition, quashed the impugned order dated 13th May 2015, and directed the Education Officer to grant approval to the appointment of the petitioner as Shikshan Sevak from the date of his initial appointment and to release the arrears of salary within four weeks.
Law Points
- Appointment of Shikshan Sevak
- D.Ed. qualification
- cut-off date
- Government Resolution dated 15.10.2010
- approval of appointment
- grant-in-aid school
