IMPORTANT POINT
The central legal point established in the judgment is the need for compliance with the MEPS Act, 1981, in the context of minority institutions and the interpretation of the act in relation to staffing patterns and government resolutions.

JUDGMENT :

Y.G. KHOBRAGADE, J.

1. Rule. Rule made returnable forthwith and heard finally with the consent of the parties.

2. By the present Petition under Article 226 of the Constitution of India, the Petitioners have put forth prayer clauses (B) and (C) as under:

“(B) Issue a writ of certiorari or any other appropriate writ, order of direction in the nature of writ of certiorari to quash and set aside the impugned order dated 13/21.03.2023 passed by the respondent No. 2/Education Officer (Secondary), Zilla Parishad, Ahmednagar rejecting the proposal submitted by the petitioner No. 1 for grant of approval to the services of the petitioner No. 2 for the post of Lab Attendant.

(C) Issue a writ of mandamus or any other appropriate writ, order of direction in the nature of writ of mandamus thereby direct the respondent No. 2 to grant approval to the appointment of the petitioner No. 2 as Lab Attendant from his initial appointment dated 31.08.2012 with all consequential benefits.”

3. Both the parties have filed their written notes of arguments, so also, argued the matter orally for a considerable period.

4. Mr. Shinde, learned Advocate for the Petitioners canvassed that, Petitioner No. 1 is a minority education society and running a secondary school in the name and style of Maulana Azad Urdu Girls High School at Mukund Nagar, Ahmednagar. Respondent No. 2 Education Officer (Secondary) approved the staffing pattern of the School, wherein, one post of Lab Attendant has been sanctioned. On 25.08.2012, the post of Lab Attendant has fallen vacant on account of superannuation of Mr. Shaikh Abdul Latif Abdul Aziz on attaining age of superannuation. Therefore, Petitioner No. 1, Education society published an advertisement for filling up the post of Lab Attendant, in two Newspapers namely ‘Nava Maratha’ and ‘Urdu’ Newspaper. The minimum qualification for the post of Lab Attendant prescribed is SSC pass (10th Standard) with Physics and Chemistry or General Science subjects. After following selection process, Petitioner No. 1 Education Society, selected Petitioner No. 2 for the post of Lab Attendant on 31.08.2012 as he was having HSC Certificate (12 standard) and additional qualification of MS-CIT. Accordingly, Petitioner No. 1 submitted a proposal to Respondent No. 2 Education Officer on 08.03.2016 for approval to the appointment of Petitioner No. 2. However, on 06.04.2016, Respondent No. 2 pointed out certain deficiencies, which have been subsequently removed by Petitioner No. 1, vide communication dated 15.12.2017. Despite of this, Respondent No. 2 failed to decide the said proposal. Being aggrieved by the said inaction, the Petitioners had filed Writ Petition No. 357 of 2018 thereby prayed for issuance of directions to Respondent No. 2 to decide the proposal for approval. Accordingly, on 10.01.2018, the Co-ordinate Bench of this Court (Coram: S.S. Shinde and S.M. Gavhane JJ.) passed an order directing Respondent No. 2 to decide the said proposal for approval within a period of eight weeks.

5. It is further canvassed that on 15.03.2018, Respondent No. 2 passed an order and rejected the approval on the grounds viz. (i) There is an embargo on recruitment of non teaching staff under Government Resolutions dated 12.02.2015 and 18.05.2015; (ii) Revised staffing pattern of non teaching staff not approved at the Government level, hence, there is no vacant post for appointment of Petitioner No. 2; (iii) no prior permission sought from respondent No. 2 for recruitment to the post and (iv) no approval can be granted as per Circular dated 08.08.2017.

6. The learned counsel for the Petitioners submits that, Government Resolutions dated 12.02.2015 and 18.05.2015 are applicable to the general Schools and the said Government Resolutions are not applicable to the Minority Schools. Petitioner No. 1 society, running the School, is already declared a minority institution. The Respondent No. 2 had sought guidance from the Deputy Director of Education for grant of appro