Case Note & Summary
The petitioner, Tejaswini Netaji Yadav, a teacher, filed a writ petition before the Bombay High Court challenging the refusal by the Education Officer (Respondent) to grant approval to her appointment. The refusal was based on Government Resolution dated 02/05/2012 which imposed a ban on recruitment of teachers, rendering the appointment illegal. The petitioner was appointed to teach English with effect from 20/06/2017. The court noted that the issue was no longer res integra as a Division Bench of the same court in Writ Petition No.8587 of 2016 (judgment dated 10/07/2017) had held that the ban would not apply to three categories: (i) where the recruitment process had commenced prior to the GR, (ii) appointments for subjects of English, Maths and Science, and (iii) appointments to fulfill backlog of reserved category candidates. Since the petitioner was appointed to teach English, she squarely fell within the second exception. Consequently, the court allowed the petition, quashed the impugned order dated 07/06/2018, and directed the respondents to grant approval to the petitioner's appointment as a Shikshan Sevak for three years from 20/06/2017, and thereafter as Assistant Teacher, with regular salary from November 2018 and arrears from the date of appointment to October 2018 to be cleared within three months.
Headnote
A) Education Law - Teacher Appointment - Approval - Ban on Recruitment - Government Resolution dated 02/05/2012 imposed a ban on recruitment of teachers - The Division Bench of this Court in Writ Petition No.8587 of 2016 held that the ban would not apply to three categories: (i) where recruitment process commenced prior to the GR, (ii) appointments for subjects of English, Maths and Science, and (iii) appointments to fulfill backlog of reserved category candidates - The petitioner, appointed to teach English from 20/06/2017, falls within the second exception - Held that the impugned order refusing approval is quashed and respondents directed to grant approval from the date of appointment (Paras 4-6).
Issue of Consideration
Whether the refusal by the Education Officer to grant approval to the appointment of the petitioner as a teacher on the ground of a ban on recruitment under Government Resolution dated 02/05/2012 is sustainable in law.
Final Decision
The petition is allowed. The impugned order dated 07/06/2018 is quashed and set aside. Respondents are directed to grant approval to the appointment of the petitioner from the date of her appointment i.e. 20/06/2017 as a Shikshan Sevak for three years and after satisfactory completion of the period of three years as Shikshan Sevak, grant approval to the petitioner as Assistant Teacher and to pay the petitioner her regular salary from the month of November, 2018 and all arrears of salary from the date of appointment of the petitioner till October, 2018 shall be cleared within a period of three months from today.
Law Points
- Government Resolution dated 02/05/2012 ban on recruitment not applicable to appointments for English
- Maths
- and Science subjects
- appointments where recruitment process commenced prior to the GR
- and appointments to fulfill backlog of reserved category candidates
