Case Note & Summary
The petitioners, Natepute Education Society and the Head Master of Dr. B. J. Date Prashala Jr. College, challenged two orders dated 30th September 2013 and 21st October 2013 passed by the Deputy Director of Education (Respondent No. 2) and the Education Officer (Secondary) (Respondent No. 3) respectively. The 4th respondent, Smt. Shobha Adinath Fuke, had been working as a part-time librarian since 5th August 1997. Her appointment was initially approved by the Education Officer on 28th October 1999 for the academic year, and later permanent approval was granted on 30th October 2001 with effect from 14th June 2000. After 12 years, the Education Officer passed an order on 30th September 2013 revoking the permanent approval, purportedly on the ground that the appointment was irregular. The Deputy Director of Education upheld this order on 21st October 2013. The petitioners argued that the Education Officer had no power to review his own order and that the revocation was without jurisdiction and in violation of natural justice. The Court examined the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, and found no provision conferring a power of review on the Education Officer. The Court held that the impugned orders were without jurisdiction and violative of natural justice, as no notice or hearing was given to the 4th respondent before revoking her permanent approval. Consequently, the Court quashed both orders and directed the respondents to restore the permanent approval of the 4th respondent as a part-time librarian. The writ petition was allowed.
Headnote
A) Education Law - Power of Review - Jurisdiction of Education Officer - The Education Officer (Secondary) has no inherent power to review his own order granting permanent approval to a part-time librarian under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, in the absence of any statutory provision conferring such power. The order revoking approval after 12 years was held to be without jurisdiction and in violation of principles of natural justice. (Paras 1-10) B) Natural Justice - Right of Hearing - Revocation of Approval - The order dated 30th September 2013 revoking the permanent approval of the 4th respondent was passed without giving any notice or opportunity of hearing to the affected employee, thereby violating the principles of natural justice. The Court held that such an order cannot be sustained. (Paras 5-10) C) Education Law - Permanent Approval - Part-Time Employee - The permanent approval granted to a part-time librarian under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, cannot be unilaterally revoked by the Education Officer without any statutory authority or procedural fairness. The Court quashed the impugned orders and directed restoration of the approval. (Paras 1-10)
Issue of Consideration
Whether the Education Officer (Secondary) has the power to review and revoke a permanent approval granted to a part-time librarian after 12 years, without any statutory provision conferring such power and without affording an opportunity of hearing.
Final Decision
The Court allowed the writ petition, quashed the orders dated 30th September 2013 and 21st October 2013, and directed the respondents to restore the permanent approval of the 4th respondent as a part-time librarian.
Law Points
- Natural Justice
- Power of Review
- Jurisdiction of Education Officer
- Permanent Approval
- Part-Time Employee
