High Court of Judicature at Bombay Hears Challenge to Deputy Director's Approval of Teacher Appointments in Private School. Petition Alleges Non-Compliance with Section 5, Rule 9 of MEPS Act and Government Resolution Dated 06.02.2012.

High Court: Bombay High Court Bench: AURANGABAD
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Case Note & Summary

The writ petition challenged the order of Deputy Director of Education confirming the approval of appointments of two Shikshan Sevak teachers in a school managed by Datta Education Society. The petitioner management alleged that the appointments were made by the Headmaster without proper procedure, without issuing advertisement in widely circulated newspapers as per Government Resolution dated 06.02.2012, and by backdating documents. It was also alleged that the appointments were illegally approved and that the management had terminated the services of the appointees. The court heard arguments and reserved judgment. The final decision is not included in the provided text.

Issue of Consideration

Whether the Deputy Director's confirmation of approval of appointments of Shikshan Sevak teachers was valid, given allegations of non-compliance with MEPS Act procedure, Government Resolution, and forged records.

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Case Details

2016 LawText (BOM) (08) 33

Writ Petition No. 9312 of 2014

2016-08-23

S.S. Shinde, P.R. Bora

R.N. Dhorde (Senior Counsel for petitioner), S.D. Kaldate (AGP for State), S.B. Gastagar (for Respondent Nos. 5 and 6), V.D. Gunale (for Respondent No. 7)

Datta Education Society, Talne

The State of Maharashtra and Others

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Nature of Litigation

Writ Petition under Article 226 challenging the Deputy Director of Education's order confirming approval of appointments of two Shikshan Sevak teachers in a private school

Remedy Sought

Quashing of appointment orders dated 29.02.2012 and approval dated 10.08.2012, and setting aside of the Deputy Director's order dated 11.09.2014

Filing Reason

Alleged non-compliance with MEPS Act and Government Resolution, forged records, backdating, and nepotism in appointments by rival group colluding with Headmaster; Deputy Director failed to consider objections

Previous Decisions

Writ Petition No. 7559/2013 disposed on 24.09.2013 directing respondent No.3 to decide representation; Writ Petition No. 2159/2014 filed seeking salary stoppage; respondent No.3 then passed impugned order

Issues

Whether the appointments were made in compliance with Section 5 of MEPS Act and Government Resolution dated 06.02.2012 Whether the approval was valid given allegations of forged documents and non-adherence to reservation roster Whether the management's termination of services was justified

Submissions/Arguments

Petitioner contended appointments were made without advertisement in widely circulated newspapers, by backdating, using forged records, and in collusion with rival group; the expert was absent on interview date; reservation roster not followed; Deputy Director ignored evidence. Respondents contended that approval was rightly granted after due process and that there was compliance with reservation roster as admitted by Deputy Director.

Judgment Excerpts

This Petition takes exception to the impugned order dated 11.09.2014 passed by respondent no.3 – Deputy Director of Education, Latur, confirming the approval granted to the appointments of respondent nos. 5 and 6 on the post of Shikshan Sevak in respondent no.7 school on 10.08.2012. It is submitted that in the month of December, 2012, some members of the present Managing Committee learnt that respondent nos. 5 and 6 are appointed as Shikshan Sevak by the Headmaster. Though the present Managing Committee is represented by the petitioner in power, the Headmaster acted arbitrarily in collusion with the socalled person claiming to be in power, whose change reports are rejected and no appeal has been filed by them, and therefore, the petitioner terminated the services of respondent nos.5 and 6, by an order dated 29.04.2013.

Procedural History

After learning of appointments, management terminated services on 29.04.2013 and removed Headmaster. Representations to Education Department led to Writ Petition No. 7559/2013 directing decision. Hearing on 26.08.2014, impugned order passed on 11.09.2014, leading to present writ petition.

Acts & Sections

  • Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977: Section 5, Rule 9
  • Right to Information Act, 2005:
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