Case Note & Summary
The petitioner, Maharana Pratap Shikshan Sanstha, a trust running a deaf and dumb school in Sevapur, Latur, filed a writ petition under Articles 226, 227, 14 and 21-A of the Constitution of India seeking directions against the State of Maharashtra and other government authorities to grant approval to the appointments of five staff members. The school had been granted recognition in 1990 for 40 students and received 100% grant-in-aid from the State Government in 1995. By Government Resolution dated 18.8.2004, the State Government created a new staffing pattern for such schools, and the petitioner claimed entitlement to have staff of 20 employees, requiring appointment of five additional members. The petitioner appointed five staff members between 2010 and 2012 and submitted proposals for approval on 16.6.2012. The respondents did not grant approval, leading to the petition. The court heard both sides and examined the facts. The court noted that the appointments were made without prior approval from the government authorities, which is mandatory under the applicable rules and regulations. The Government Resolution of 2004 only created a staffing pattern but did not dispense with the requirement of obtaining prior approval before making appointments. The court held that appointments made without prior approval cannot be regularized retrospectively. Consequently, the court dismissed the petition, finding no merit in the petitioner's claim for directions to approve the appointments.
Headnote
A) Education Law - Staff Appointments in Aided Schools - Prior Approval Requirement - The petitioner trust running a deaf and dumb school sought directions to respondents to approve appointments of five staff members made between 2010 and 2012 - The court held that appointments made without prior approval from the government authorities cannot be approved retrospectively - The Government Resolution dated 18.8.2004 creating new staffing pattern does not dispense with the requirement of obtaining prior approval before making appointments - The petition was dismissed as the appointments were made without following the prescribed procedure (Paras 1-5).
Issue of Consideration
Whether the petitioner trust is entitled to directions to the respondents to grant approval to the appointments of five staff members made between 2010 and 2012 without prior approval from the government authorities.
Final Decision
The petition is dismissed. The court held that the appointments made without prior approval from the government authorities cannot be approved retrospectively. The Government Resolution dated 18.8.2004 does not dispense with the requirement of obtaining prior approval before making appointments.
Law Points
- Prior approval of government authorities is mandatory for appointments in aided schools
- Appointments made without prior approval cannot be regularized
- Government Resolution dated 18.8.2004 creates staffing pattern but does not dispense with requirement of prior approval
