Case Note & Summary
The petitioners, a registered Public Trust running vocational courses and an employee appointed as Junior Clerk, challenged an order dated 12.02.2015 passed by the Joint Director (Vocational Education, Mumbai) rejecting the proposal for approval of the appointment. The Trust had started courses in Electronic Technology and Accounting and Auditing from academic years 1990-1991 and 1993-1994 respectively with government permission. When a Junior Clerk post fell vacant due to promotion of Smt. P.M. Sanap, the Trust advertised the vacancy in 'Nav Shakti' newspaper on 04.12.2012 and also called names from the District Employment Officer, Thane, receiving 17 candidates. After selection, the Trust submitted a proposal for approval on 29.03.2012. The Joint Director rejected the proposal without giving any opportunity of hearing to the petitioners. The High Court held that the impugned order was passed in breach of principles of natural justice as no show cause notice or hearing was given. The order was also cryptic and non-speaking, failing to consider the material on record. The court quashed the order and directed the Joint Director to decide the proposal afresh after hearing the petitioners, within four weeks from the date of communication of the order. The writ petition was allowed in those terms.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - The order rejecting approval for appointment was passed without giving an opportunity of hearing to the petitioners, violating principles of natural justice. Held that the impugned order is unsustainable as it was passed in breach of natural justice (Paras 7-8). B) Service Law - Approval of Appointment - Reasoned Order - The Joint Director's order was cryptic and non-speaking, failing to consider the material on record including the advertisement and selection process. Held that the authority must pass a reasoned order after considering all relevant material (Paras 9-10). C) Education Law - Vocational Education - Appointment of Staff - The petitioners followed due procedure by advertising the vacancy and calling names from employment exchange. The rejection on ground of non-compliance with procedure was not justified. Held that the impugned order is quashed and the matter remitted for fresh consideration (Paras 11-12).
Issue of Consideration
Whether the impugned order dated 12.02.2015 passed by the Joint Director (Vocational Education) rejecting the proposal for approval of appointment of petitioner No.2 as Junior Clerk is sustainable in law.
Final Decision
The impugned order dated 12.02.2015 is quashed and set aside. The Joint Director (Vocational Education) is directed to decide the proposal/representation dated 29.03.2012 afresh after giving an opportunity of hearing to the petitioners, within four weeks from the date of communication of the order. Rule made absolute accordingly.
Law Points
- Natural Justice
- Audi Alteram Partem
- Reasoned Order
- Approval of Appointment
- Vocational Education
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
