Case Note & Summary
The petitioners, including individual teachers and educational institutions, filed writ petitions challenging orders passed by the Education Officer (Secondary), Zilla Parishad, Buldhana, refusing to grant approval to the appointment of teachers. The petitioners contended that the Education Officer had initially granted permission to recruit, but later refused approval without any power of review. The High Court at Bombay and Aurangabad had previously set aside similar orders, holding that the Education Officer does not have the power to review his own decisions. Consequently, the State Government issued a Government Resolution on 23rd August 2017, transferring all such review powers to the next higher/superior officer. The petitioners argued that the impugned orders should be quashed in light of this legal position. The respondents, represented by the Additional Government Pleader, submitted that grants are disbursed by the State Government and approval must be granted by the same authority as per law. The court observed that with proper website and due diligence, a foolproof approval/permission to recruit can be given, as vacancies are known in advance and roster points are prefixed. The court noted that it had passed orders in other writ petitions (WP Nos.519/2017, 2237/2017, and 1066/2017) shedding light on the prevailing situation in the education sector. The court held that the impugned orders refusing approval are unsustainable because the Education Officer lacked the power of review. The court quashed and set aside the impugned orders and directed the Education Officer to process the proposals for approval afresh in accordance with law and the Government Resolution dated 23rd August 2017. The writ petitions were disposed of accordingly.
Headnote
A) Education Law - Power of Review - Education Officer's Lack of Review Power - Maharashtra Secondary and Higher Secondary Education Boards Act, 1965 - The Education Officer does not possess the power to review his own orders granting approval to recruit teachers. The High Court had previously set aside such orders, and the State Government issued a Government Resolution on 23rd August 2017 transferring such powers to the next higher/superior officer. Held that the impugned orders refusing approval are unsustainable and are quashed. (Paras 1-6) B) Education Law - Approval of Appointments - Recruitment of Teachers - Maharashtra Secondary and Higher Secondary Education Boards Act, 1965 - The court noted that with proper website and due diligence, a foolproof approval/permission to recruit can be given, as vacancies are known in advance and roster points are prefixed. The court directed the Education Officer to process the proposals for approval afresh in accordance with law and the Government Resolution. (Paras 5-6)
Issue of Consideration
Whether the Education Officer has the power to review or refuse approval of teacher appointments after initially granting permission to recruit, and whether the impugned orders of refusal are sustainable.
Final Decision
The impugned orders passed by the Education Officer refusing approval are quashed and set aside. The Education Officer is directed to process the proposals for approval afresh in accordance with law and the Government Resolution dated 23rd August 2017. The writ petitions are disposed of accordingly.
Law Points
- Education Officer lacks power of review
- Government Resolution dated 23rd August 2017 transfers review powers to higher officer
- approval of teacher appointments must be by competent authority
