Case Note & Summary
The petitioners, the management of a private school, filed two writ petitions before the Bombay High Court at Kolhapur challenging the order of the Education Officer (Secondary), Zilla Parishad, Solapur, dated 8th February 2023, which rejected their application for permission to fill two posts of Junior Clerk. The posts had fallen vacant due to the superannuation of two employees, Mr. Rajnaal and Mr. Lalkot. The school management had applied on 5th October 2012 seeking permission to fill the vacancies. The Education Officer rejected the application on the ground that the posts were not sanctioned. The petitioners argued that the posts were already sanctioned and the vacancies arose due to retirement, and the rejection was arbitrary. The court, after hearing the parties, found that the Education Officer's order was unreasonable and contrary to the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. The court set aside the impugned order and directed the Education Officer to reconsider the application and grant approval within four weeks. The petitions were disposed of accordingly.
Headnote
A) Service Law - Approval for Filling Vacant Posts - Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The Education Officer rejected the application for permission to fill two posts of Junior Clerk on the ground that the posts were not sanctioned - The Court held that the rejection was unreasonable and contrary to the Act, as the posts had been sanctioned earlier and the vacancies arose due to superannuation - The Court directed the Education Officer to reconsider the application and grant approval within four weeks (Paras 1-3).
Issue of Consideration
Whether the Education Officer's refusal to grant permission to fill two vacant posts of Junior Clerk was justified and in accordance with law.
Final Decision
The court allowed the writ petitions, set aside the impugned order dated 8th February 2023, and directed the Education Officer to reconsider the application and grant approval within four weeks.
Law Points
- Approval for filling vacant posts cannot be denied unreasonably
- Education Officer must consider application on merits
- Writ petition maintainable against administrative orders
Case Details
Writ Petition No. 9475 of 2023 and Writ Petition No. 3848 of 2023
R.G. Avachat, Ajit B. Kadethankar
Mr. Akhil Kupade for the Petitioner, Ms. T.J. Kapre, AGP for the Respondent – State in WP 9475/2023, Mr. S.B. Kalel, AGP for the Respondent – State in WP 3848/2023
Tousif Ahmed Nazir Ahmed Janwadkar & Ors. (in WP 9475/2023); HajiMalang Kadar Shakera Shaikh & Ors. (in WP 3848/2023)
The State of Maharashtra & Ors.
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Nature of Litigation
Writ petitions challenging the order of Education Officer rejecting permission to fill two vacant posts of Junior Clerk.
Remedy Sought
Petitioners sought quashing of the Education Officer's order dated 8th February 2023 and direction to grant approval to fill the vacant posts.
Filing Reason
The Education Officer rejected the application for permission to fill two posts of Junior Clerk on the ground that the posts were not sanctioned.
Previous Decisions
The Education Officer (Secondary), Zilla Parishad, Solapur passed an order on 8th February 2023 rejecting the application.
Issues
Whether the Education Officer's refusal to grant permission to fill two vacant posts of Junior Clerk was justified and in accordance with law.
Submissions/Arguments
Petitioners argued that the posts were already sanctioned and the vacancies arose due to superannuation, and the rejection was arbitrary.
Respondent State argued in support of the Education Officer's order.
Ratio Decidendi
The Education Officer's rejection of permission to fill vacant posts on the ground that the posts were not sanctioned was unreasonable and contrary to the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, as the posts had been sanctioned earlier and vacancies arose due to superannuation.
Judgment Excerpts
Considering the nature of prayers in the petitions, we deem it appropriate to dispose of the petitions finally.
Consequent to superannuation of one Mr. Rajnaal and one Mr. Lalkot, an application was filed by the petitioner School Management on 5th October 2012 to the Education Officer, (Secondary), Zilla Parishad, Solapur seeking permission to fill up two posts of Junior Clerk.
Procedural History
The petitioners filed writ petitions before the Bombay High Court at Kolhapur challenging the order of the Education Officer dated 8th February 2023. The court heard the matter and disposed of the petitions on 3rd February 2026.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977: Section 5
