Case Note & Summary
The petitioner, Sudhakar Ramrao Ahirrao, was appointed as Shikshan Sevak at Hiraji Shravan Borse High School & Junior College, Kapadane, Dhule, on 01.11.2006 for a period of three years commencing from 06.11.2006. His appointment was approved by the Education Officer (Secondary), Zilla Parishad, Dhule, on 20.04.2007. On 29.12.2008, the Education Officer reduced four divisions in the school due to a decrease in student strength. Consequently, the petitioner became surplus. The petitioner requested absorption in any other school under the control of the Education Officer, but his request was rejected by order dated 28.01.2015 on the ground that he was a Shikshan Sevak and not a permanent teacher. The petitioner filed a writ petition seeking quashing of the order dated 28.01.2015 and a direction to the Education Officer to absorb him. The court held that the petitioner's appointment was made through proper procedure and was approved. The reduction of divisions was an administrative decision not attributable to the petitioner. Therefore, the petitioner was entitled to be absorbed in any other school under the control of the Education Officer. The court quashed the order dated 28.01.2015 and directed the Education Officer to absorb the petitioner in any school under his control within a period of three months.
Headnote
A) Service Law - Absorption of Surplus Teacher - Shikshan Sevak - Petitioner appointed as Shikshan Sevak on 01.11.2006, approved on 20.04.2007. Due to reduction of divisions on 29.12.2008, petitioner became surplus. Education Officer rejected absorption on ground that petitioner was a Shikshan Sevak and not a permanent teacher. Held that the petitioner, having been appointed through proper procedure and approved, is entitled to be absorbed in any other school under the control of the Education Officer, as the reduction of divisions was an administrative decision not attributable to the petitioner. (Paras 1-10)
Issue of Consideration
Whether a Shikshan Sevak whose appointment was approved and who became surplus due to reduction of divisions in the school is entitled to be absorbed in any other school under the control of the Education Officer.
Final Decision
The court allowed the writ petition, quashed the order dated 28.01.2015, and directed the Education Officer (Secondary), Zilla Parishad, Dhule to absorb the petitioner in any school under his control within a period of three months.
Law Points
- Absorption of surplus teachers
- Reduction of divisions
- Shikshan Sevak
- Right to absorption
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
Case Details
2026 LawText (BOM) (07) 160
Writ Petition No.5743 of 2015
Kishore C. Sant, Ajit B. Kadethankar
P. B. Shirsath for Petitioner, Ruchir S. Wani for Respondent Nos.1-3, Azizoddin R. Syed for Respondent No.4
State of Maharashtra, Deputy Director of Education, Education Officer (Secondary), Hiraji Shravan Borse High School & Junior College
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Nature of Litigation
Writ petition seeking quashing of order rejecting absorption and direction for absorption of Shikshan Sevak rendered surplus due to reduction of divisions.
Remedy Sought
Petitioner sought writ of certiorari to quash order dated 28.01.2015 and writ of mandamus directing Education Officer to absorb him in any school under his control.
Filing Reason
Petitioner's appointment as Shikshan Sevak was approved, but due to reduction of divisions in the school, he became surplus. His request for absorption was rejected on the ground that he was a Shikshan Sevak and not a permanent teacher.
Previous Decisions
Order dated 28.01.2015 passed by Education Officer (Secondary), Zilla Parishad, Dhule rejecting petitioner's request for absorption.
Issues
Whether a Shikshan Sevak whose appointment was approved and who became surplus due to reduction of divisions is entitled to absorption in any other school under the control of the Education Officer.
Submissions/Arguments
Petitioner argued that his appointment was through proper procedure and approved, and reduction of divisions was an administrative decision not attributable to him, entitling him to absorption.
Respondents argued that petitioner was a Shikshan Sevak and not a permanent teacher, and therefore not entitled to absorption.
Ratio Decidendi
A Shikshan Sevak whose appointment was approved and who becomes surplus due to reduction of divisions in the school is entitled to be absorbed in any other school under the control of the Education Officer, as the reduction of divisions is an administrative decision not attributable to the employee.
Judgment Excerpts
The petitioner has filed this petition with following substantive prayers : (B) Issue a writ of certiorari or writ in the nature of certiorari thereby quashing and setting aside the order dated 28.01.2015 passed by the Respondent No.3, Education Officer (Secondary), Zilla Parishad, Dhule and for that purpose issue necessary writ, order or directions.
The petitioner is qualified with a graduation degree as Bachelor of Arts i.e. B.A. with English, and also a Bachelor’s degree in Education i.e. and B.Ed.
Vide an appointment order dated 01.11.2006, the petitioner was appointed as Shikshan Sevak at respondent No.4 - Hiraji Shravan Borse High School, Kapadane, Taluka and District Dhule.
The appointment was for a period of three years commencing with effect from 06.11.2006. It is not in dispute that the appointment was made through proper procedure.
Pursuant to the appointment, the Education Officer (Secondary), Zilla Parishad, Dhule approved petitioner's appointment vide approval dated 20.04.2007.
On 29.12.2008, the Education Officer reduced four divisions in Hiraji Shravan Borse High School consequent to students strength.
Procedural History
Petitioner appointed as Shikshan Sevak on 01.11.2006, approved on 20.04.2007. On 29.12.2008, Education Officer reduced four divisions, making petitioner surplus. Petitioner requested absorption, rejected by order dated 28.01.2015. Petitioner filed writ petition on 2015. Heard on 17.07.2026, judgment pronounced on 22.07.2026.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977:
