Case Note & Summary
The petitioner, Meena d/o Prabhakar Tigote, was appointed as an untrained teacher on 26 June 1995 by the management of Siddarth Prathamik Vidyalaya, Latur, and her appointment was continued through successive appointment orders. She remained in continuous service. The management prepared a surplus list of teachers dated 26 June 2014, but the petitioner was not included. Additionally, the Director of Education (Respondent No.2) passed an order on 31 December 2005 cancelling her D.Ed. degree obtained through postal/correspondence mode. The petitioner filed a writ petition seeking directions to include her in the surplus list, quash the cancellation order, and release her salary arrears from 26 June 1995. The court noted that the cancellation order was passed without affording the petitioner an opportunity of hearing, thus violating principles of natural justice. The court issued rule and made it returnable forthwith, heard the parties, and reserved judgment. The judgment was pronounced on 4 March 2016. The court allowed the petition, quashed the cancellation order, and directed the respondents to include the petitioner in the surplus list and pay her salary arrears.
Headnote
A) Administrative Law - Natural Justice - Cancellation of Degree - Cancellation of educational qualification without prior notice and opportunity of hearing is violative of principles of natural justice - The Director of Education cancelled the petitioner's D.Ed. degree ex parte, which was challenged - Held that such cancellation cannot be sustained as it was passed without hearing the petitioner (Paras 2-3). B) Education Law - Surplus Teachers - Inclusion in Surplus List - Teacher appointed as untrained and later acquiring D.Ed. degree - Petitioner sought inclusion in surplus list dated 26.6.2014 and salary arrears - Held that the matter requires consideration and rule is issued (Para 2).
Issue of Consideration
Whether the cancellation of the petitioner's D.Ed. degree by the Director of Education without affording an opportunity of hearing is valid, and whether the petitioner is entitled to be included in the surplus list and receive salary arrears.
Final Decision
The court allowed the writ petition, quashed the order dated 31.12.2005 cancelling the petitioner's D.Ed. degree, directed respondent No.4 to include the petitioner in the surplus list dated 26.6.2014, and directed payment of salary arrears from 26.6.1995.
Law Points
- Natural justice
- Right to be heard
- Cancellation of educational qualification without notice
- Surplus teacher list
- Salary arrears
