Case Note & Summary
The petitioner, Gangadhar Baburao Shere, filed a writ petition before the Bombay High Court challenging an order dated 08.09.2015 passed by the Education Officer (Secondary), Zilla Parishad, Latur, refusing to grant approval to his appointment as a teacher in Smt. Rukminimath Sure Girl's Vidyalaya, Nagalgaon. The petitioner possessed B.Sc. B.Ed. qualifications, making him a trained teacher under Rule 2(k) of the MEPS Rules. Due to the retirement of a science teacher on 31.12.2010, a vacancy arose. The school management, despite internal disputes, sought permission from the Education Officer on 06.01.2011 to fill the vacancy. The Education Officer refused approval citing the management dispute. The court held that the refusal was not justified as the petitioner was duly appointed and the dispute did not affect his appointment. The court directed the Education Officer to grant approval and release salary grants.
Headnote
A) Service Law - Teacher Appointment - Approval - Refusal by Education Officer - Petitioner possessing B.Sc. B.Ed. qualification is a trained teacher under Rule 2(k) of MEPS Rules - Education Officer refused approval on grounds of pending management dispute - Held that the refusal was not justified as the petitioner was duly appointed by the management and the dispute did not affect his appointment - Direction to grant approval and release salary (Paras 3-6).
Issue of Consideration
Whether the Education Officer's refusal to grant approval to the appointment of the petitioner as a teacher is sustainable in law.
Final Decision
The petition is allowed. The impugned order dated 08.09.2015 is quashed and set aside. The Education Officer is directed to grant approval to the appointment of the petitioner and release the salary grants within four weeks.
Law Points
- MEPS Rules
- Rule 2(k)
- trained teacher
- approval of appointment
- salary grants
- education officer's duty
Case Details
2016 LawText (BOM) (03) 19
WRIT PETITION NO.11613 OF 2015
Mr. V.D.Gunale for Petitioner, Mr. D.R.Kale AGP for Respondent Nos.1 and 2, Mr. V.G.Kodale for Respondent No.3
The State of Maharashtra, The Education Officer [Secondary], Zilla Parishad, Latur, The headmistress, Smt. Rukminimath Sure Girl's Vidyalaya, Nagalgaon
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Nature of Litigation
Writ petition challenging refusal of approval to appointment of teacher.
Remedy Sought
Petitioner seeks quashing of order dated 08.09.2015 refusing approval and direction to grant approval and release salary grants.
Filing Reason
Education Officer refused to grant approval to petitioner's appointment as teacher citing management dispute.
Previous Decisions
Order dated 08.09.2015 by Education Officer refusing approval.
Issues
Whether the Education Officer's refusal to grant approval to the appointment of the petitioner is sustainable.
Submissions/Arguments
Petitioner argued that he is a trained teacher under Rule 2(k) of MEPS Rules and was appointed against a vacant post; refusal on ground of management dispute is unjustified.
Ratio Decidendi
The Education Officer cannot refuse approval to a teacher's appointment solely on the ground of a management dispute when the teacher is qualified and appointed against a vacant post.
Judgment Excerpts
This Petition takes exception to the impugned order dated 08.09.2015 issued by respondent no. 2 Education Officer, thereby refusing approval to the appointment of petitioner.
It is the case of the petitioner that, the petitioner is possessing the educational qualification of B.Sc. B.Ed., therefore, he is trained candidate within the meaning of Rule 2 [k] of the MEPS Rules.
Procedural History
Petitioner filed writ petition on 08.09.2015 challenging Education Officer's order; heard on 01.03.2016 and pronounced on 04.03.2016.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (MEPS Rules): Rule 2(k)
