Case Note & Summary
The petitioners, Burhani National Education Society and Shaikh Nisar Shaikh Sattar, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging an order dated 30th March 2016 passed by the Education Officer (Secondary), Zilla Parishad, Aurangabad. The impugned order denied approval for the appointment of Shaikh Nisar as an assistant teacher. The petitioners contended that the order was passed without affording them an opportunity of hearing and without considering the Government Resolutions dated 30th April 1997 and 5th July 1999, which were relevant to the approval. The court heard the learned counsel for the petitioners, Mr. Shamim R. Shaikh, and the learned Additional Government Pleader, Mr. S.B. Yawalkar, for the respondents. The court found that the impugned order was passed in violation of the principles of natural justice as no hearing was given to the petitioners. Additionally, the Education Officer failed to consider the relevant Government Resolutions. Consequently, the court quashed and set aside the order dated 30th March 2016 and remitted the matter back to the Education Officer for a fresh decision. The Education Officer was directed to decide the matter afresh after affording an opportunity of hearing to the petitioners and after considering the relevant Government Resolutions. The writ petition was disposed of accordingly.
Headnote
A) Administrative Law - Natural Justice - Denial of Approval - Right to be Heard - The Education Officer passed an order denying approval for appointment of an assistant teacher without affording any opportunity of hearing to the petitioners, which is violative of principles of natural justice. (Para 4) B) Education Law - Appointment of Teachers - Approval - Government Resolutions - The Education Officer failed to consider the Government Resolutions dated 30th April 1997 and 5th July 1999 while passing the impugned order, which was a relevant factor. (Para 4) C) Education Law - Approval of Appointment - Quashing of Order - The impugned order dated 30th March 2016 passed by the Education Officer (Secondary), Zilla Parishad, Aurangabad was quashed and set aside, and the matter was remitted back for fresh decision after hearing the petitioners and considering the relevant Government Resolutions. (Para 5)
Issue of Consideration
Whether the Education Officer could deny approval for the appointment of an assistant teacher without hearing the petitioners and without considering the relevant Government Resolutions.
Final Decision
The writ petition is allowed. The impugned order dated 30th March 2016 passed by the Education Officer (Secondary), Zilla Parishad, Aurangabad is quashed and set aside. The matter is remitted back to the Education Officer to decide afresh after affording an opportunity of hearing to the petitioners and after considering the relevant Government Resolutions dated 30th April 1997 and 5th July 1999. The Education Officer shall decide the matter as expeditiously as possible.
Law Points
- Natural justice
- Right to be heard
- Approval of appointment
- Government Resolutions
- Education Officer's powers
