Case Note & Summary
The petitioner, Ravindra Narayan Malap, was appointed as a peon by the respondent school management on 27th July 2000, subject to approval of the Education Department. However, the Government of Maharashtra had imposed a ban on recruitment of open category non-teaching posts effective from 1st March 2000. The Education Officer refused to grant approval citing the ban. The petitioner challenged his termination before the School Tribunal, which dismissed his appeal. The High Court upheld the Tribunal's decision, holding that since the appointment was conditional upon approval and the ban was in force, the petitioner had no vested right to continue in service. The petition was dismissed.
Headnote
A) Service Law - Appointment Subject to Approval - Government Ban on Recruitment - The petitioner was appointed as peon subject to approval of the Education Department. The Government of Maharashtra imposed a ban on recruitment of open category non-teaching posts w.e.f. 1st March 2000. The Education Officer refused approval due to the ban. The School Tribunal dismissed the appeal. The High Court held that since the appointment was subject to approval and the ban was in force, the termination was valid and the petitioner had no right to continue. (Paras 2-7)
Issue of Consideration
Whether the termination of the petitioner's appointment as peon was valid in light of the Government ban on recruitment of open category non-teaching posts effective from 1st March 2000.
Final Decision
The High Court dismissed the writ petition, upholding the order of the School Tribunal and the termination of the petitioner's appointment.
Law Points
- Appointment subject to approval
- Government ban on recruitment
- Termination due to ban
- No right to continue in service
- School Tribunal's jurisdiction
Case Details
2016 LawText (BOM) (06) 58
WRIT PETITION NO. 9190 OF 2005
Mr. Makarand Bakore for the Petitioner, Mr. Kunal Kumbhat for Respondent nos. 1 and 2, Ms. M.S. Bane, A.G.P. for Respondent no.3
The President, Guhagar Education Society, The Headmaster, Shri Devgopal Krishna Madhyamik Vidyamandir, The Education Officer (Secondary), Zilla Parishad, Ratnagiri
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging the order of the School Tribunal dismissing the appeal against termination of appointment.
Remedy Sought
The petitioner sought to quash the order of the School Tribunal and to be reinstated as peon.
Filing Reason
The petitioner's appointment as peon was terminated due to the Government ban on recruitment of open category non-teaching posts.
Previous Decisions
The School Tribunal, Kolhapur Region, Kolhapur dismissed the appeal filed by the petitioner on 30th September 2005.
Issues
Whether the termination of the petitioner's appointment was valid in light of the Government ban on recruitment.
Whether the petitioner had a right to continue in service despite the ban.
Submissions/Arguments
The petitioner argued that he was appointed on a clear, vacant and permanent post and his termination was illegal.
The respondents contended that the appointment was subject to approval and the Government ban prevented approval, making the termination valid.
Ratio Decidendi
An appointment made subject to approval of the Education Department does not confer a right to continue if approval is refused due to a valid Government ban on recruitment. The petitioner had no vested right to the post.
Judgment Excerpts
It was mentioned in the letter of appointment that the said appointment was subject to the approval of the Education Department.
On 1st March, 2000 the Government of Maharashtra passed a resolution thereby banning the recruitment on the posts of non-teaching meant for the open categories which had became vacant due to the superannuation, voluntary retirement and death w.e.f. 1st March, 2000.
Procedural History
The petitioner was appointed as peon on 27th July 2000 subject to approval. The Education Officer refused approval due to Government ban. The petitioner's services were terminated. He appealed to the School Tribunal, which dismissed the appeal on 30th September 2005. The petitioner then filed the present writ petition under Article 226 of the Constitution of India.
Acts & Sections
- Constitution of India: Article 226
