Case Note & Summary
The High Court allowed a writ petition challenging the Education Officer's refusal to approve Petitioner No. 1's appointment as Headmistress. The dispute centered on whether Government Resolutions requiring roster verification for Headmaster appointments prevailed over the Maharashtra Employees of Private Schools (Conditions of Service) Rules 1981. The Court held that statutory rules prevail over executive instructions. With only two Headmaster posts, applying reservation would result in 50% reservation, exceeding the 33% limit prescribed in Rule 9(10) of MEPS Rules. Consequently, no roster verification was necessary, and the Education Officer's order was unsustainable. The Court set aside the impugned order and directed approval of Petitioner No. 1's appointment with consequential reliefs.
Headnote
The High Court of Judicature at Bombay -- Civil Appellate Jurisdiction -- Petitioners challenged the order dated 27 August 2018 by Respondent No. 2 refusing approval to Petitioner No. 1's appointment as Headmistress -- The Education Officer refused approval citing non-verification of roster position from 16 February 2004 as per Government Resolutions -- The Court held that statutory rules framed under Section 16 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act 1977 prevail over executive instructions -- With only two posts of Headmaster, applying reservation would result in 50% reservation exceeding the statutory limit of 33% prescribed in Rule 9(10) of MEPS Rules -- No necessity to verify roster when reservation not applicable -- Writ Petition allowed -- Order dated 27 August 2018 set aside -- Respondent No. 2 directed to grant approval to Petitioner No. 1's appointment within six weeks
Issue of Consideration
Whether Government Resolutions would prevail over the provisions of Maharashtra Employees of Private Schools (Conditions of Service) Rules 1981 regarding appointment to the post of Headmaster
Final Decision
Writ Petition allowed -- Order dated 27 August 2018 set aside -- Respondent No. 2 directed to grant approval to Petitioner No. 1's appointment as Headmistress from 1 July 2017 within six weeks -- Petitioner entitled to all consequential reliefs
Law Points
- Statutory rules prevail over executive instructions
- Maharashtra Employees of Private Schools (Conditions of Service) Rules 1981 govern appointments
- Reservation cannot exceed statutory limits
- Executive cannot issue directions contrary to statutory rules
Case Details
2026 LawText (BOM) (02) 90
Writ Petition No. 11282 of 2018
M.S. Karnik J. , S.M. Modak J.
Mr. Vinayak Kumbhar with Mr. Rajendra B. Khaire instructed by Mr. Ashwini N. Bandiwadekar for Petitioner, Mr. Akhil Kupade instructed by Advocate P.S. Bhavake for Respondent No. 3, Mr. N.C. Walimbe Additional Government Pleader with Miss Rupali Shinde Assistant Government Pleader for Respondent Nos. 1 and 2
Mrs. Sunita Anandrao Monde (Smt. Sunita Bapurao Pharne), Mumbaikar Gramastha Mandal
The State of Maharashtra, The Education Officer (Secondary) Zilla Parishad Raigad, Shri P.V. Gade
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Nature of Litigation
Writ Petition challenging the Education Officer's refusal to approve appointment to the post of Headmistress
Remedy Sought
Petitioners sought quashing of order dated 27 August 2018 and direction to approve Petitioner No. 1's appointment as Headmistress
Filing Reason
Respondent No. 2 refused approval to Petitioner No. 1's appointment citing non-verification of roster position as per Government Resolutions
Previous Decisions
Education Officer passed order dated 27 August 2018 refusing approval, Petitioner No. 2 appointed Petitioner No. 1 as Headmistress vide Resolution dated 11 June 2017 effective from 1 July 2017
Issues
Whether Government Resolutions prevail over statutory MEPS Rules regarding Headmaster appointments
Whether roster verification was necessary for appointment when only two Headmaster posts existed
Submissions/Arguments
Petitioner relied on Rule 9(10) of MEPS Rules prescribing 33% reservation
Respondent No. 3 contended reserved category teacher should be promoted as per roster
State supported impugned order relying on Government Resolutions and Circulars
Petitioner cited Smt. Swati Ravindra Walawalkar case decided on 14 February 2018
Ratio Decidendi
Statutory rules prevail over executive instructions -- When only two Headmaster posts exist, applying reservation would result in 50% reservation exceeding the statutory 33% limit -- No necessity to verify roster when reservation not applicable -- MEPS Rules framed under Section 16 of MEPS Act govern appointments
Judgment Excerpts
It is a settled law that we are bound by the MEPS Rules which were framed as per the delegated powers by the State Government as per Section-16 of the MEPS Act
It is a settled law that the executive cannot issue any directions which are not in consonance with the statutory rules
Ultimately, the statutory rules will prevail over the executive instructions
When there are two posts of Headmaster, reservation will not be applicable and hence, there is no necessity to verify the roster
Procedural History
Petitioner No. 2 appointed Petitioner No. 1 as Headmistress on 11 June 2017 -- Proposal submitted to Education Officer on 23 September 2017 -- Respondent No. 3 raised objections on 23 October 2017, 13 November 2017, 16 November 2017 -- Education Officer conducted hearing on 24 August 2018 and passed order on 27 August 2018 refusing approval -- Writ Petition filed challenging the order -- Reserved on 6 February 2026 -- Pronounced on 16 February 2026
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act 1977: Section 16
- Maharashtra Employees of Private Schools (Conditions of Service) Rules 1981: Rule 9, Sub-rule 10
