Case Note & Summary
The judgment pertains to four writ petitions filed by assistant teachers and their respective school managements challenging the orders passed by the Education Officer (Secondary), Zilla Parishad, Yavatmal, cancelling the approval of their appointments. The petitioners were appointed as assistant teachers in various private aided schools between 2012 and 2014. The Education Officer cancelled their approvals on the ground that the appointments were made without prior permission from the competent authority. The petitioners contended that the impugned orders were passed without issuing any show-cause notice or affording an opportunity of hearing, thereby violating the principles of natural justice. The respondents argued that the appointments were illegal as they were made without prior approval. The court examined the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the Rules framed thereunder. It held that before cancelling the approval, the authority must issue a show-cause notice and give a reasonable opportunity of hearing to the concerned teachers and the management. Since no such notice was given, the impugned orders were quashed and set aside. The court directed the respondents to consider the matter afresh after giving an opportunity of hearing to the petitioners. The writ petitions were allowed.
Headnote
A) Service Law - Cancellation of Approval - Natural Justice - Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The Education Officer cancelled the approval of appointment of assistant teachers without issuing any show-cause notice or affording an opportunity of hearing. The court held that such cancellation is illegal and violative of principles of natural justice. The impugned orders were quashed and set aside. (Paras 1-10) B) Service Law - Show-Cause Notice - Opportunity of Hearing - Rule 9 of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 - The court observed that before taking any adverse action like cancellation of approval, the authority must issue a show-cause notice and give a reasonable opportunity of hearing to the affected parties. The failure to do so renders the order void. (Paras 1-10)
Issue of Consideration
Whether the Education Officer can cancel the approval of appointment of assistant teachers without issuing a show-cause notice and without affording an opportunity of hearing to the concerned teachers and the management.
Final Decision
The writ petitions are allowed. The impugned orders passed by the Education Officer (Secondary), Zilla Parishad, Yavatmal are quashed and set aside. The respondents are directed to consider the matter afresh after giving an opportunity of hearing to the petitioners.
Law Points
- Cancellation of approval without show-cause notice is violative of principles of natural justice
- Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
- Rule 9 of Maharashtra Employees of Private Schools (Conditions of Service) Rules
- 1981
