Case Note & Summary
The petitioner, an educational institution, challenged an order dated 21 September 2017 passed by the Director of Education under Rule 83 of the Goa, Daman and Diu School Education Rules, 1986, refusing permission to dispense with the services of respondent No.3, a Physical Education Teacher on probation. The respondent No.3 was appointed on probation on 17 January 2014 after an advertisement and provisional appointment. Subsequently, the petitioner issued memorandums and initiated proceedings against respondent No.3, and by letter dated 2 November 2016 requested the Director's approval for dispensation. The Director refused. The High Court, after hearing counsel, held that Rule 83 does not require prior approval for probationary teachers and that the Director's refusal was without jurisdiction. The court allowed the petition, quashing the impugned order and directing that the petitioner may proceed in accordance with law.
Headnote
A) Service Law - Probationary Teacher - Dispensation of Services - Rule 83 of Goa, Daman and Diu School Education Rules, 1986 - The issue was whether prior approval of the Director of Education is required for dispensing with services of a probationary teacher - The Court held that Rule 83 does not apply to probationary teachers and the Director cannot refuse permission - The impugned order was quashed (Paras 2-4).
Issue of Consideration
Whether the Director of Education can refuse permission under Rule 83 of the Goa, Daman and Diu School Education Rules, 1986 for dispensation of services of a probationary teacher?
Final Decision
The petition is allowed. The impugned order dated 21 September 2017 is quashed and set aside. The petitioner may proceed in accordance with law.
Law Points
- Rule 83 of Goa
- Daman and Diu School Education Rules
- 1986 does not require prior approval for dispensation of services of a probationary teacher
- probationary teacher can be terminated without prior approval
- Director of Education cannot refuse permission for dispensation of services of probationary teacher
Case Details
2018 LawText (BOM) (03) 191
Writ Petition No.1094 of 2017
N.M. Jamdar, Prithviraj K. Chavan
Ms. K. Pednekar for Petitioners, Mr. D. Lawande (Advocate General) with Mr. A. Jamadar for Respondent Nos.1 and 2, Mr. D. Pangam for Respondent No.3
Royale Secondary School and Xavier Afonso Memorial Institute
State of Goa, Directorate of Education, and Tushar Gajanand Narvekar
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Nature of Litigation
Writ petition challenging order of Director of Education refusing permission to dispense with services of probationary teacher
Remedy Sought
Petitioner sought quashing of order dated 21 September 2017 and permission to dispense with services of respondent No.3
Filing Reason
Director of Education refused permission under Rule 83 for dispensation of services of probationary teacher
Previous Decisions
Director of Education passed order dated 21 September 2017 refusing permission
Issues
Whether the Director of Education can refuse permission under Rule 83 for dispensation of services of a probationary teacher?
Submissions/Arguments
Petitioner argued that Rule 83 does not apply to probationary teachers and prior approval is not required
Respondents argued that the Director's order was valid under Rule 83
Ratio Decidendi
Rule 83 of the Goa, Daman and Diu School Education Rules, 1986 does not require prior approval of the Director of Education for dispensation of services of a probationary teacher; the Director's refusal was without jurisdiction.
Judgment Excerpts
The Petitioner, an education institution, has challenged the order passed by the Director of Education dated 21 September 2017 under Rule 83 of the Goa, Daman and Diu School Education Rules of 1986.
We have heard Ms. K. Pednekar, learned counsel for the Petitioner, Mr. D. Lawande, learned Advocate General for Respondent Nos.1 and 2 and Mr. D. Pangam, learned counsel for Respondent No.3.
Procedural History
Petitioner filed writ petition challenging order of Director of Education dated 21 September 2017; rule was issued and made returnable forthwith; respondents waived service; taken up for final disposal.
Acts & Sections
- Goa, Daman and Diu School Education Rules, 1986: Rule 83
