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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT GOA
M.S. Sonak, M.S. Jawalkar, JJ.
Azia Piedade Dsilva - Appellant
Versus
State Of Goa - Respondent
Writ Petition No. 34 of 2019
Decided On : 05-04-2021
Appointment - Computer Teacher - Goa, Daman and Diu School Education Act and Rules - Rule 78 - The court dismissed the petition seeking permanent appointment as a Computer Teacher, as the petitioner's initial appointment was on a provisional and probationary basis, subject to approval by the Director of Education. The petitioner's experience did not meet the minimum qualifications prescribed by Rule 78, and her subsequent acceptance of the appointment on a contract basis estopped her from challenging the earlier orders. The court held that her services could not be regularized or made permanent bypassing the scheme of appointment or provisions of law.
Fact of the Case:
The petitioner applied for the post of Computer Teacher in response to an advertisement and was appointed on a provisional and probationary basis, subject to approval by the Director of Education. Despite joining work, she was not paid salary for over a year and was later informed that her appointment was on a contract basis. She subsequently challenged the appointment of another teacher on a permanent post and sought permanent appointment for herself.
Finding of the Court:
The court found that the petitioner's initial appointment was provisional and on probation, subject to approval by the Director of Education. Her experience did not meet the minimum qualifications prescribed by Rule 78, and her subsequent acceptance of the appointment on a contract basis estopped her from challenging the earlier orders.
Issues: The issues involved the nature of the petitioner's appointment, the minimum qualifications prescribed by Rule 78, and the estoppel arising from her acceptance of the appointment on a contract basis.
Ratio Decidendi: The petitioner's initial appointment was provisional and on probation, subject to approval by the Director of Education. Her subsequent acceptance of the appointment on a contract basis estopped her from challenging the earlier orders. Her services could not be regularized or made permanent bypassing the scheme of appointment or provisions of law.
Final Decision: The petition seeking permanent appointment as a Computer Teacher was dismissed by the court.
JUDGMENT
M. S. Jawalkar, J. - Heard Mr. S.D. Lotlikar, learned Senior Advocate with Mr. N. Amonkar, learned Advocate for the petitioner, Mr. Sagar Dhargalkar, learned Additional Government Advocate for the respondent Nos.1 and 2, Mr. Coelho Pereira, Senior Advocate with Mr. B. Fernandes, learned Advocate for the respondent Nos.3 and 4 and Mr. S. Karpe and Mr. Abhishek Sawant, learned Advocates for the respondent No.5.
2. Contention of the petitioner in the petition is that an advertisement came to be published in the local daily OHeraldO dated 31/10/2015 stating requirement of Art (BFA), Physical Education and Computer Teachers by the Diocesan Society of Education (DSE), Panaji- Goa. The petitioner applied for the same and submitted her application alongwith her resume and certificates on 03/11/2015 after noticing the said advertisement and after confirming from the office of DSE that the post advertised was a permanent post to be filled up on regular basis.
3. The petitioner appeared for a written test and oral interview on 12/01/2016, held in the presence of Asst. Secretary of DSE, ADEI, Headmaster of Santa Cruz High School and subject expert, Santa Cruz High School. Upon undergoing the selection process and on the recommendation of the selection committee, the petitioner was appointed to the post of Computer Teacher by the Secretary, DSE, vide order bearing No.DSE/4206/Prov.Appt./2016-17 dated 16/02/2016 stated as "Order of Provisional Appointment 'On Probation'" for a period of two years w.e.f. 17/02/2016. The petitioner joined duty at Our Lady of Lourdes High School, Valpoi on 17/02/2016 and sent a copy of the joining letter, acceptance letter and Medical Certificate to the Secretary, DSE.
4. Despite the petitioner joining work in terms of her appointment, no salary was being paid to her for over a year during which she tried several times to inquire with the school authorities and DSE about the approval for her appointment from Directorate of Education and she was informed that her appointment Order stated that her "Salaries will be claimed and paid only after the approval is obtained from the Government" and that she would be paid her salary accordingly. After a period of Fourteen months of relentless following on the matter, on 17/04/2017, the petitioner was given a copy of a letter dated 01/03/2016 (Ref. No.: DSE/4390/Dir.Ed./2015-16), purportedly addressed by the Secretary, DSE to the Directorate of Education seeking approval for the appointment of the petitioners as Computer Teacher at Our Lady of Lourdes High School, Valpoi and a copy was apparently marked to the Manager and Headmaster of Our Lady of Lourdes High School, Valpoi.
5. In the month of September,2017 the petitioner was called to the office of the Diocesan Society and told that she would have to accept the appointment only on contract basis from the day the petitioner joined the school till November,2017. The petitioner was further informed that the post would be re-advertised as special advertisement in October, 2017 and she was promised to be rehired on permanent basis. On 17/10/2017, the Director of Education issued a letter to the school giving approval for appointment of Ms. Azia D'Silva for the post of Computer Teacher on contract basis. On 06/03/2013, the then Director of Education had issued a "Blanket NOC" for recruitment of Teachers in general. The blanket NOC dispensed with the requirement of seeking a prior NOC from Directorate of Education to fill up vacancies to the post of teachers arising out of resignation, superannuation etc. for certain defined categories of schools including the schools run by DSE. The appointment of the post of Computer Teacher is not different from any other teacher and therefore the provisions of the Blanket NOC apply in equal measures to the appointment of the petitioner as the school fits into category II as defined ther
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