Case Note & Summary
The High Court of Judicature at Bombay, Bench at Aurangabad, decided two writ petitions filed by Hostel Superintendents seeking appointment approvals from specific dates. The petitioners had been appointed as Hostel Superintendents in Adivasi Ashram Schools, the first petitioner from 30/9/1999 and the second from 1/7/1998. They sought approval from 1/5/2001 and 1/5/2003 respectively. The State of Maharashtra had earlier prescribed D.Ed. as an additional qualification for Hostel Superintendents. However, the Government Resolution dated 5/2/2000 by the Vimukta Jati, Nomadic Tribes, Other Backward Class and Special Backward Category Welfare Department relaxed this requirement, making H.S.C. the eligibility criteria with preference for B.P.Ed. degree holders. Subsequently, the State issued another Government Resolution dated 3/6/2008, which expressly relaxed the D.Ed. qualification condition. The petitioners possessed H.S.C. or higher qualifications, and the learned Assistant Government Pleader did not dispute that H.S.C. was the requisite qualification, with D.Ed. being merely given weightage. The court noted that a similar writ petition, Writ Petition No.5713/2003 in the matter of Narayan Kishanrao Bhise Vs. State of Maharashtra and others, had been allowed by this court on 18/10/2016, relying on the Government Resolution dated 3/6/2008. In the present cases, interim relief had been granted on 10/2/2005, and pursuant to that, the respondents had issued provisional approval orders on 23/9/2005 and released the petitioners' salaries. The petitioners had been discharging their duties for almost 20 years. The court found that in light of the Government Resolution dated 5/2/2000, the petitioners were eligible for appointment from the outset, and the subsequent resolution dated 3/6/2008 affirmed the relaxation. Consequently, the court allowed both writ petitions, granting approval from 1/5/2001 and 1/5/2003 as prayed for, and confirmed the interim orders. Rule was made absolute.
Headnote
A) Service Law - Appointment - Relaxation of Educational Qualifications - Government Resolutions dated 5.2.2000 and 3.6.2008 - The court held that Hostel Superintendents are entitled to appointment approval from the dates of their initial appointments based on H.S.C. qualification as the D.Ed. qualification was relaxed by the State Government. The court followed its earlier decision in Narayan Kishanrao Bhise v. State of Maharashtra, which recognized the relaxation, and directed approval from 1/5/2001 and 1/5/2003 respectively. (Paras 2-8)
Issue of Consideration
Whether the petitioners are entitled to appointment approvals as Hostel Superintendents from 1/5/2001 and 1/5/2003, considering the relaxation of D.Ed. qualification by government resolutions.
Final Decision
Both writ petitions are allowed. The petitioners are granted approval from 1/5/2001 and 1/5/2003 respectively. The interim order stands confirmed. Rule is made absolute.
Law Points
- Relaxation of D.Ed. qualification for Hostel Superintendent
- Government Resolution dated 5/2/2000 and 3/6/2008
- Eligibility criteria H.S.C. with preference to B.P.Ed.
- Approval from date of eligibility
