Case Note & Summary
The writ petition was filed by two employees, Madhavrao Janba Narwade and Balaji Ananda Padole, who were appointed as Junior Clerk and Laboratory Assistant respectively by Respondent No.5 school, run by Respondent No.4 educational institution. Their appointments were approved by the Education Officer (Respondent No.3) on 11.12.2020. Subsequently, when the proposal for inclusion of their names in Shalarth ID (for salary purposes) was forwarded, the Deputy Director of Education (Respondent No.2) initiated an inquiry and by order dated 24.03.2023 cancelled the approval on the ground that the posts were meant for reserved categories while the petitioners belonged to open category. The petitioners challenged this order, contending that the Deputy Director lacked the power to review the approval at the Shalarth stage, especially absent any allegation of fraud, misrepresentation, or suppression of facts. They relied on several precedents of the Bombay High Court which held that the Shalarth system, introduced by Government Resolution dated 07.11.2012, was only for streamlining salary disbursement and did not vest any authority in the Deputy Director to reopen or cancel approvals granted by the Education Officer. The respondent State argued that the appointments were illegal as reserved posts were filled by open category candidates and that the Deputy Director had the power under Government Resolution dated 10.06.2022 to examine legality. The High Court, after considering the submissions and the cited judgments (Abhijit Ashok Waje, Amol Baban Sangar, Suresh Eknath Kudalkar), held that the Deputy Director had no authority to cancel the approval at the Shalarth stage. The power of review, if any, must be expressly conferred and cannot be exercised in the guise of Shalarth ID inclusion. The court noted that the appointing authority had given an undertaking to fill future vacancies from reserved categories, and there was no finding of fraud or misrepresentation. The impugned order was quashed, and the Deputy Director was directed to include the petitioners' names in Shalarth ID within eight weeks. The judgment reaffirms the limited scope of the Shalarth system and the strict limits on review of administrative approvals.
Headnote
A) Administrative Law – Scope of Shalarth System – Government Resolution dated 07.11.2012 only streamlines salary payment and does not confer power to review approvals – The Deputy Director's power is limited to checking compliance with the Resolution's conditions; he cannot re-examine legality of approval – Held that cancellation of approval at Shalarth stage is without jurisdiction and arbitrary, and the impugned order was quashed (Paras 8-12). B) Education Law – Reservation in Appointments – Government Resolution dated 10.06.2022 – The requirement to fill reserved posts as per roster is not a ground for Deputy Director to cancel approval when the appointing authority had given an undertaking to fill future vacancies from reserved categories – Held that the impugned cancellation solely on the ground that posts were reserved was invalid, as there was no fraud or misrepresentation (Paras 3.4, 8). C) Constitutional Law – Writ Jurisdiction – Article 226 of the Constitution of India, 1950 – High Court can quash administrative orders passed without power or in violation of legal principles – Held that the impugned order suffered from jurisdictional error and was set aside (Paras 13).
Issue of Consideration
Whether the Deputy Director of Education has the authority to cancel the approval of appointments granted by the Education Officer at the stage of inclusion of names in the Shalarth ID, particularly when there was no allegation of fraud, misrepresentation, or suppression of facts.
Final Decision
The writ petition is allowed. The impugned order dated 24.03.2023 passed by Deputy Director of Education, Latur, is quashed and set aside. Respondent No.2 is directed to forward the proposal for inclusion of petitioners' names in Shalarth ID within 8 weeks.
Law Points
- Deputy Director of Education has no power to cancel approval of appointments at Shalarth ID stage
- Shalarth system under Government Resolution dated 07.11.2012 is solely for salary streamlining
- power of review must be expressly conferred
- approval once granted cannot be cancelled without evidence of fraud/misrepresentation/suppression of facts
- undertaking to fill future reserved vacancies cures reservation violation
