Case Note & Summary
The High Court of Gujarat heard two connected petitions challenging the cancellation of provisional approval for appointment of Mr. Joby Mathew as Headmaster of St. Xavier's High School, Bhavnagar, run by Bhavnagar Catholic Education Society. The petitioner trust had followed proper recruitment procedures including obtaining NOC, advertising, forming selection committee, and receiving initial approval. However, the District Education Officer cancelled the approval citing that the appointee's experience was in an unaided school. The Court found this cancellation violated natural justice as no hearing was given. The Court quashed the cancellation orders, directed reinstatement of Mr. Joby Mathew as Headmaster with continuity of service and full back wages from May 2022, and ordered payment of arrears within three months.
Headnote
The High Court of Gujarat at Ahmedabad -- In a batch of petitions concerning appointment of Headmaster in a minority institution -- Held that cancellation of provisional approval without hearing the appointee violated principles of natural justice -- The Court found that the District Education Officer's order dated 11.05.2020 was arbitrary and unsustainable -- The appointment process followed all required procedures including advertisement, selection committee formation, and initial approval -- The Court quashed the cancellation order and directed reinstatement with back wages -- The judgment emphasizes protection of minority educational institutions' rights under Article 30 of the Constitution of India
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Issue of Consideration: The Issue of whether the cancellation of provisional approval for appointment of Headmaster in a minority educational institution was valid and whether the principles of natural justice were violated
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Final Decision
The Court allowed both petitions, quashed the cancellation orders dated 11.05.2020 and 25.09.2020, directed reinstatement of Mr. Joby Mathew as Headmaster with continuity of service, ordered payment of full back wages from May 2022, and directed payment of arrears within three months
2026 LawText (GUJ) (01) 569
R/Special Civil Application No. 12332 of 2025 with R/Special Civil Application No. 8228 of 2025
Honourable Mr. Justice Nirzar S. Desai
Mr. RR Vakil for petitioner in Special Civil Application No. 12332 of 2025, Mr. RV Deshmukh for petitioner in Special Civil Application No. 8228 of 2025, Mr. Aditya Pathak Assistant Government Pleader for respondent-State
Managing Trustee, Bhavnagar Catholic Society Trust in Special Civil Application No. 12332 of 2025, Mr. Joby Mathew in Special Civil Application No. 8228 of 2025
State of Gujarat, District Education Officer, Bhavnagar, Joint Director of Education, Mr. Joby Mathew (in Special Civil Application No. 12332 of 2025), Managing Trustee, Bhavnagar Catholic Society Trust (in Special Civil Application No. 8228 of 2025)
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Nature of Litigation: Writ petitions challenging administrative orders cancelling appointment approval
Remedy Sought
Petitioners sought quashing of cancellation orders and reinstatement with back wages
Filing Reason
District Education Officer cancelled provisional approval for Headmaster appointment citing invalid experience grounds
Previous Decisions
District Education Officer cancelled approval on 11.05.2020, appeal was rejected on 25.09.2020, Joint Director granted approval on 13.09.2021 but payments stopped after May 2022
Issues
Whether cancellation of provisional approval without hearing violated principles of natural justice
Whether the appointment process followed all required procedures under relevant Government Resolutions
Submissions/Arguments
Petitioner argued proper procedures were followed including advertisement, selection committee, and initial approval
State argued experience in unaided school was invalid for appointment
Petitioner argued cancellation was arbitrary and violated natural justice
Ratio Decidendi
Administrative authorities must follow principles of natural justice before cancelling appointments -- Minority educational institutions have protection under Article 30 of Constitution of India -- Properly conducted appointment processes cannot be arbitrarily cancelled -- Back wages must be paid when appointment is found valid
Judgment Excerpts
The notice for final disposal was issued in both the petitions on 13.11.2025
The school management held interviews on 20.09.2018
The District Education Officer granted approval to the selection subject to certain conditions
All of a sudden, vide order dated 11.05.2020 and in gross violation of the principles of natural justice, the District Education Officer withdrew/cancelled the provisional approval
Procedural History
Petitions filed in 2025 -- Notice for final disposal issued on 13.11.2025 -- Matters heard together -- Rule issued and service waived -- Judgment delivered on 08.01.2026
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