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
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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
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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
