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G. S. PATEL, NEELA GOKHALE
Abdul Jabbar Shaikh – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
1. Rule. The contesting Respondents waive service. Rule returnable forthwith.
2. In our view, the Petition deserves to be allowed on one simple legal ground. By an impugned order of 30/12/2022 passed by the 4th Respondent, The Education Officer (Secondary), Zilla Parishad, Solapur, the authority has purported to review his predecessor's earlier order. The fact that the officer who passed the order purported to be reviewed was another person only makes matters that much worse.
3. The Petitioner holds an M.A. B.Ed. He was appointed to a vacant post of an assistant teacher in the Solapur Social Association Urdu High School and Junior College of Science, Solapur. This is the 6th Respondent and it is run by the 5th Respondent.
4. There is no dispute about the legality of the Petitioner's initial appointment. The Petitioner was on probation from 20/1/1996. This appointment was in accordance with the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 and the governing Act, the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.
5. On 3/2/1996, the management sent a detailed proposal to the 4th Respondent fo
The power of review must be specifically conferred by statute and cannot be exercised in anticipation of civil disputes.
The main legal point established in the judgment is that the Management's obligation to appoint the senior-most teacher under Rule 3(3) of the MEPS should be followed, and subordinate legislation can....
The court emphasized the importance of seniority and the jurisdiction of the School Tribunal in matters of teacher appointments.
The court mandates reconsideration of appointment approvals based on seniority, emphasizing procedural compliance with existing directives.
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 t....
The revisional authority must consider a petitioner's request for promotion approval without undue delay, ensuring compliance with statutory obligations.
The main legal point established is that routine affairs of an institution, including appointments and approvals, should be considered independently of disputes in management.
The main legal point established in the judgment is that accrued benefits cannot be taken away without giving the concerned person a reasonable opportunity to defend specific allegations, and specifi....
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