Case Note & Summary
The petitioner, Sunil s/o Rajendra Fawade, was appointed as an Assistant Teacher by respondent no. 3, Saint Kabir Bahuudesiya Shiksan Prasarak Mandal, which runs Sanskar Wardhini High School, a minority-aided school. The appointment was made on 1st August 2017, and the petitioner joined on the same day. The school forwarded the proposal for approval to the Education Officer (Secondary), Zilla Parishad, Latur (respondent no. 2). However, the Education Officer refused to approve the appointment on the ground that prior approval was not obtained before the appointment, as allegedly required under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act). The petitioner filed a writ petition seeking a direction to the respondents to approve his appointment and release salary grants. The Court considered the issue of whether minority institutions require prior approval for appointments. The petitioner argued that the school is a minority institution and has the right to appoint teachers without prior approval under Article 30(1) of the Constitution. The respondents contended that prior approval is mandatory under Section 5 of the MEPS Act. The Court analyzed the provisions of the MEPS Act and the Constitution. It held that minority institutions have autonomy in staff selection, and Section 5 does not require prior approval for appointments in minority schools. The Court directed the Education Officer to approve the appointment and release salary grants within four weeks. The petition was allowed.
Headnote
A) Education Law - Minority Educational Institutions - Appointment of Teachers - Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act) - The petitioner was appointed as Assistant Teacher by a minority-aided school without prior approval of the Education Officer. The Education Officer refused to approve the appointment on the ground that prior approval was not obtained. The Court held that minority institutions have autonomy in staff selection under Article 30(1) of the Constitution, and Section 5 of the MEPS Act does not require prior approval for appointments in minority schools. The Education Officer was directed to approve the appointment and release salary grants. (Paras 1-10) B) Constitutional Law - Article 30(1) - Right of Minorities to Establish and Administer Educational Institutions - The Court held that the right of minority institutions to administer includes the right to choose teachers, and any requirement of prior approval would infringe upon that right. The Education Officer's refusal to approve the appointment was set aside. (Paras 5-8)
Issue of Consideration
Whether the appointment of an Assistant Teacher in a minority-aided school requires prior approval from the Education Officer under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act), and whether the Education Officer can refuse to approve such appointment on the ground that prior approval was not obtained.
Final Decision
Petition allowed. Education Officer directed to approve appointment and release salary grants within four weeks.
Law Points
- Minority educational institutions have autonomy in staff selection under Article 30(1)
- MEPS Act Section 5 does not require prior approval for appointments in minority schools
- approval can be sought post-facto
- writ of mandamus can be issued to direct approval
