Back
R. M. JOSHI
Shivaji Education Society – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
R.M. Joshi, J.
1. By consent of both sides heard finally.
2. This petition takes exception to order dated 11/12/2014 passed in Appeal No.6 of 2013 by school Tribunal allowing the Appeal.
3. Petitioner No.1 is a Public Trust as well as a Society under the Bombay Public Trust Act, 1950 and the Societies Registration Act, 1860, running and managing number of schools and other educational institutions within the district Pune. Petitioner No.2 is the Headmaster of Shahajirao Patil Secondary School, Shahajinagar, Taluka - Indapur, District – Pune, which is recognized school by the State Government. It is however, recognized permanently on non grant-in-aid basis. The school has now started getting grant-in-aid partially in view of the change in policy of the Government. Respondent No.3 is the employee in services, who was terminated and he had challenged the said termination before the Tribunal.
4. It is further case of the Petitioners that in the year 2004, Respondent No.3 was appointed as Assistant Teacher in contemplation of three divisions being sanctioned by the State Government for 5th to 7th standard. Respondent No.3 was appointed as Assistant Teacher, he being qualified as B
The necessity of prior approval from the Education Officer for retrenchment under Rule 26 of the Maharashtra Employees of Private Schools Regulation Act was established.
The main legal point established in the judgment is that the qualifications required for appointment as a trained Teacher in Secondary School do not necessarily mandate a specific graduation subject,....
The need to follow due process as per the MEPS act and rules for termination and appointment.
The requirement of prior approval from the Education Officer for retrenchment under Rule 26 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 is mandatory, and failu....
Approval for appointment of educational staff must adhere to existing vacancies and established communication protocol; unmanaged delays by authorities warrant administrative accountability.
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 requirement of the subject should have precedence in transferring teachers from unaided to aided school. Seniority should only be considered when there are multiple teachers in the subject in whi....
The approval of appointments against sanctioned posts in education must be respected, and arbitrary cancellation without valid justification is impermissible.
Grant-in-aid is not automatic and depends on various factors, and appointments must comply with relevant government orders and staff fixation rules.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
