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G. S. PATEL, NEELA GOKHALE
Priyanka Santosh Hegishte – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
GS PATEL, J. - Rule. Rule returnable forthwith. Respondents waive service. Petition taken up for hearing and final disposal.
2. A two-page letter of March 2022, with 16 separate points, has resulted in the complete obliteration of nine years of unblemished service as a teacher of the 1st Petitioner. As Mr Bandiwadekar points out, there is a wholesale non-application of mind. Every single one of the relevant documents has been ignored. Accusations of delay are made against the 2nd Petitioner management, but the wholly unexplained and unconscionable delay on the part of the 3rd Respondent is simply papered over as if it is immaterial. The Petition has, unusual for such cases, taken every single one of the 16 points in the impugned communication of 22/3/2022 at pages 52 and 53 and provided an answer based on the records.
3. The relevant facts are these. The 2nd Petitioner is a Trust and an Educational Institution under the Maharashtra Public Trusts Act 1950. It runs one school called the New English School and Guruvarya Kakasaheb Sapre Science Junior College ("the School") at Devrukh, Taluka Sangameshwar, District Ratnagiri. The School has standards 5 to 12 and is a fully-
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 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 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.
Compliance with mandatory provisions of the MEPS Act and Rules is essential for the validity of appointments in private schools.
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 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.
The need to follow due process as per the MEPS act and rules for termination and appointment.
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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