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NITIN W. SAMBRE, ABHAY J. MANTRI
Devi Saraswati Mahila Bahu-Uddeshiya Shikshan Sanstha – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
(Per Nitin W. Sambre, J.)
RULE. Rule is made returnable forthwith. Heard finally with the consent of the learned Counsel for the parties.
ii. The challenge in the petition is to the order dated 31-10-2023 wherein the respondent no.3- Education Officer has refused to grant approval to the appointment of the petitioner no.2 on the post of 'Laboratory Attendant'.
iii. The contention of Mr. Jibhkate, learned Counsel appearing for the petitioners, is that the present petition is the second round of litigation. According to him, in the earlier round of litigation, this Court in Writ Petition No.2998/2021 was pleased to direct reconsideration of the issue about the grant of approval to the appointment of the petitioner no.2 by making the following observation in paragraph 3 of the judgment dated 27-09-2023, which read thus :
The court emphasized the necessity of adhering to statutory reservation provisions in employment, rejecting claims of isolated post applicability.
The main legal point established in the judgment is that administrative instructions cannot override statutory rules, and the rejection of an appointment must be in accordance with the applicable rul....
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....
Appointments against reserved posts must adhere strictly to statutory procedures to avoid discrimination and nepotism.
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 the importance of specific pleading and proof in claiming appointment against a reserved vacancy, and the legal implications of temporary appointme....
Approval for appointment of educational staff must adhere to existing vacancies and established communication protocol; unmanaged delays by authorities warrant administrative accountability.
The main legal point established in the judgment is that the initial appointment of the appellant on the post of Junior Clerk was illegal due to violation of the relevant provisions of the Maharashtr....
The central legal point established in the judgment is the exclusion of section 5(1) of the MEPS Act for minority institutions and the inapplicability of subsequent Government Resolutions to appointm....
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