The Education Officer's order cancelling the approval to the petitioner's appointment was illegal and led to the petitioner's wrongful termination, warranting the court's intervention and relief to the petitioner.

JUDGMENT :

G.S. KULKARNI, J.

1. This petition under Article 227 of the Constitution of India challenges the judgment and order dated 22 April 2019 passed by the learned Presiding Officer, School Tribunal, Solapur, dismissing the petitioner’s appeal filed under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (for short ‘the MEPS Act’) which assailed her removal from service as an assistant teacher.

2. The relevant facts are : An advertisement dated 2 June 2007 was issued by respondent no. 1-Dnyansampada Shikshan Prasarak Mandal (for short ‘the management’) to fill up vacancies interalia, to the posts of teaching staff. The posts being that of a Headmaster, Assistant Teachers for Mathematics, Hindi, English and Psychology. Together with these posts, there were three posts of teachers which required the candidate to possess a qualification of D.Ed. which included a post reserved for a candidate belonging to the Nomadic Tribe (N.T.) category.

3. It is not in dispute that the petitioner had made an application under the said advertisement for appointment as a teacher, however, she belonged to the untrained category. It is stated that she was eligible to be so appointed, subject to the condition that she would acquire the requisite qualification for such post, within a period of five years as per the Government Resolution dated 20 April 2000. The petitioner belonged to the NT category. One of the D.Ed. post, for appointment as a teacher was reserved for NT category. This position appears to be not in dispute. In such situation and as no other application was received by the management from the said reserved category, the petitioner being eligible, she came to be appointed as an untrained teacher. The petitioner was accordingly issued an appointment order dated 11 June 2007. This was, however, subject to the petitioner obtaining a validity to the caste certificate from the Caste Scrutiny Committee and acquiring the D.Ed. qualification. After her appointment, the petitioner had approached the Caste Scrutiny Committee for grant of a validity to her caste certificate. The Caste Scrutiny Committee issued a validity to the petitioner’s caste certificate as communicated by its letter dated 15 October 2008. It is thus not in dispute that the petitioner belonged to the reserved NT category and a vacant post, in such category was available at the time of making her appointment. Such appointment of the petitioner was followed by some material events.

4. Having appointed the petitioner, the management forwarded a proposal seeking an approval to the petitioner’s appointment, on probation to respondent no. 3 - the Education Officer, Zilla Parishad, Solapur (for short ‘the Education Officer’). The Education Officer by his communication dated 17 August 2007, addressed to the management, informed of his approval to the petitioner’s appointment, on the post of the Assistant Teacher (Reserved) in the pay scale of Rs.3050-4950, with her qualification referred as 12th standard, with effect from 15 June 2007, for the period of her probation, which was subject to a caste validity certificate to be produced by her which was produced by her as noted above. Thereafter, another approval came to be granted by the Education Officer to the petitioner’s appointment, as informed by him to the management, vide letter dated 8 August 2009. Such approval as granted to the petitioner’s appointment was on the post of Assistant Teacher (Reserved), from the year 2009-10 on “100% aid”. Thus, an approval to the petitioner’s appointment on a fully aided post was granted by the Education Officer.

5. It is the petitioner’s case that she applied to the management on 7 August 2008, that she be granted “one” hour’s concession per day, as she was pursuing her D.Ed. studies. This was granted to her by the management. The petition