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G. S. PATEL, NEELA GOKHALE
Dinesh Shivaji Jadhav – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
Neela Gokhale, J. - Rule. The Respondents have filed their Affidavits in Reply. By consent, Rule made returnable forthwith.
2. The 1st Respondent is the Education Department of the State of Maharashtra, and the 2nd Respondent is the Education Officer of the Western Region. The 3rd Respondent is the Institution that runs the 4th Respondent school.
3. The Petitioner seeks a writ of this Court quashing an order dated 17th July 2018 issued by the 2nd Respondent, the Education Inspector, Greater Mumbai, Western Region. By that order, the Education Inspector refused approval to the appointment of the Petitioner as 'Shikshan Sevak' in the 4th Respondent school. The Petitioner also seeks a direction to the 2nd Respondent to grant further approval as Full Time Assistant Teacher in the related pay scale and release of grant-in-aid for his monthly honorarium for three years and thereafter monthly salary in pay scale, together with arrears.
4. Respondents No. 1 and 2 have contested the Petitioner's claim primarily on the ground that the proposal for his approval suffered from various deficiencies. Respondents No. 3 and 4 have supported the Petitioner.
5. FACTUAL MATRIX
The appointment of the Petitioner in the Open category was in contravention of the Recruitment Rules and the condition to the NOC, violating Article 14 of the Constitution of India.
Appointments must be made against available sanctioned vacancies, and the initial entry of an employee must comply with the Rules and Regulations governing such entry.
The court established that educational authorities must respond timely to requests for teacher appointments, and that failure to do so cannot be used as a basis to deny approval for appointments made....
The main legal point established is that vacancies in the open category should be filled from the open category, and the ban on recruitment may not apply in certain circumstances.
The termination of the teacher was unlawful as it violated principles of natural justice, and the appointment was validly made under due process against a clear vacancy reserved for Scheduled Tribe.
The main legal point established in the judgment is that the management must adhere to the rules and regulations for the appointment of staff in private schools, including the obligation to ascertain....
The court emphasized adherence to reservation policies in employment, ruling that the Management's illegal appointment of the Petitioner must be rectified by regularization.
The management of private schools must adhere to the mandatory provisions of the M.E.P.S. Act and Rules, including obtaining prior permission from the Education Officer before recruitment, to ensure ....
The court held that 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....
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