Case Note & Summary
The petitioners, including the employee and the school management, filed a writ petition challenging the order dated 27th September 2023 by which the individual approval of the petitioner against the post of Assistant Teacher was rejected. The facts reveal that in the petitioner No.3-School, one Mr. Sandeep Ramchandra Dhumal, who was working as an Assistant Teacher, was promoted to the post of Head Master, creating a vacancy. The petitioner was appointed to fill that vacancy. The Education Officer rejected the approval on the ground that prior permission was not obtained before filling the vacancy. The Court heard the parties and considered the submissions. The Court observed that the post was already sanctioned and the petitioner was qualified. The Court held that the rejection of approval on the ground of lack of prior permission was not sustainable. The Court allowed the petition, quashed the impugned order, and directed the respondents to grant approval within four weeks.
Headnote
A) Education Law - Approval of Appointment - Prior Permission - The issue was whether the Education Officer could reject approval for appointment of an Assistant Teacher on the ground that prior permission was not obtained before filling the vacancy. The Court held that since the post was already sanctioned and the employee was qualified, the approval could not be denied solely on the ground of lack of prior permission. The Court directed the respondents to grant approval within four weeks. (Paras 1-11)
Issue of Consideration
Whether the rejection of approval for the appointment of the petitioner as Assistant Teacher on the ground that prior permission was not obtained from the Education Officer is sustainable in law.
Final Decision
The petition is allowed. The impugned order dated 27th September 2023 is quashed and set aside. The respondents are directed to grant approval to the petitioner within four weeks.
Law Points
- Approval of appointment cannot be denied on the ground of lack of prior permission if the post is sanctioned and the employee is qualified
- Education Act provisions
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
