Case Note & Summary
The petitioner, Sanjay Shankar Gilbile, a teacher, filed a writ petition before the Bombay High Court being aggrieved by the refusal of the Education Officer (Respondent) to grant approval to his appointment. The respondent had refused approval on the ground that there was a ban on recruitment of teachers under Government Resolution dated 02/05/2012, and thus the appointment made by the management was illegal. The petitioner was appointed to teach English with effect from 02/09/2013. 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 with connected petitions had held that the ban would not apply to three categories: (1) where the recruitment process commenced prior to the GR dated 02/05/2012, (2) appointments made for subjects of English, Maths, and Science, and (3) recruitment to fulfill backlog of reserved category candidates. Since the petitioner was appointed to teach English, he fell within the second exception. The court allowed the petition, quashed the impugned order dated 15/01/2018, and directed the respondents to grant approval to the petitioner's appointment from the date of his appointment i.e. 02/09/2013 as a Shikshan Sevak for three years and thereafter as Assistant Teacher, and to pay him his regular salary from November 2018.
Headnote
A) Education Law - Teacher Appointment Approval - Government Resolution Ban - The issue pertained to refusal of approval to appointment of a teacher on the ground of ban on recruitment under Government Resolution dated 02/05/2012 - The court held that the ban is not applicable to appointments for English, Maths, and Science subjects, as per the earlier Division Bench judgment - Held that the petitioner, appointed to teach English, is squarely covered by the exception and entitled to approval (Paras 4-6).
Issue of Consideration
Whether the refusal to grant approval to the appointment of a teacher on the ground of a ban on recruitment under Government Resolution dated 02/05/2012 is sustainable when the teacher is appointed to teach English.
Final Decision
The petition is allowed. The impugned order dated 15/01/2018 is quashed and set aside. Respondents are directed to grant approval to the appointment of the petitioner from the date of his appointment i.e. 02/09/2013 as a Shikshan Sevak for three years and thereafter as Assistant Teacher and to pay the petitioner his regular salary from the month of November, 2018.
Law Points
- Government Resolution dated 02/05/2012 ban on recruitment not applicable to appointments for English
- Maths
- and Science subjects
- appointments made to fulfill backlog of reserved category candidates
- and where recruitment process commenced prior to the GR
