Case Note & Summary
The petitioner, Anil Gulabrao Rathod, was appointed as a teacher on 01.07.2013 after an advertisement published with prior permission from the Education Officer. He sought approval of his appointment, but no decision was taken. The Education Officer filed a reply stating that two permanent teachers were rendered surplus and had complained about non-absorption. The permission to advertise and recruit was revoked on 29.07.2013 due to suppression of this fact and because the post was not open as per roster point (a backward class candidate should have been appointed). The court found that the permission to recruit was conditional and was cancelled due to these irregularities. The petitioner's appointment could not be approved as the recruitment process was vitiated. The writ petition was dismissed.
Headnote
A) Service Law - Teacher Appointment - Approval - Suppression of Surplus Teachers - The petitioner sought approval of his appointment as a teacher. The Education Officer cancelled the permission to recruit after discovering that two surplus teachers were not disclosed and the roster point was not followed. Held that the recruitment process was vitiated and approval cannot be granted (Paras 2-7).
Issue of Consideration
Whether the petitioner is entitled to approval of his appointment as a teacher when the permission to recruit was cancelled due to suppression of surplus teachers and roster point violations
Final Decision
Writ petition dismissed. No order as to costs.
Law Points
- Approval of appointment cannot be granted if the recruitment process is vitiated by suppression of material facts
- non-compliance with roster points
- and cancellation of permission to recruit
