IMPORTANT POINT
Compliance with advertising requirements for teacher appointments is essential to uphold equal opportunity in public employment as per Article 16 of the Constitution.

ORDER :

1. Heard learned counsel for the petitioner, learned AGP for State, learned counsel for respondent No. 2/Zilla Parishad and learned counsel for respondent No. 3-institution.

2. The petitioner claims that he has been appointed on the post of assistant teacher in Sane Guruji Vidhya Mandir, Derabardi, Taluka-Chalisgaon, District-Jalgaon. He is challenging the order dated 21st September 2023 passed by the Education Officer (Primary), Zilla Parishad, Jalgaon, whereby the approval sought to the appointment of the petitioner has been declined on two grounds, namely: (i) that the proposal seeking approval to the appointment as assistant teacher was sent after five years from the date of appointment and (ii) that the appointment was not through the Pavitra Portal as per the requirement of the rules.

3. In respect of the ground that the appointment was not made through the Pavitra Portal, it has been argued by the learned counsel for the petitioner that the appointment of the petitioner was made on 1st June 2018, whereas the Pavitra Portal started functioning with effect from 20th June 2018 and accordingly the insistence by the Education Officer for appointment of the petitioner through Pavitra Portal in the instant case is not justified. So far as the late submission of the proposal seeking approval to the appointment of the petitioner as assistant teacher to the Education Officer is concerned, learned counsel for the petitioner stated that under the Rules/Government Resolutions, no time limit is provided. Further, to send the proposal for approval to the appointment to the Education Officer was the responsibility of the management of the school and because of the inaction on the part of the management of the school, the petitioner cannot be made to suffer.

4. So far as the ground given by the Education Officer for rejecting the proposal seeking approval to the appointment of the petitioner that the appointment was not made through Pavitra Portal is concerned, we may refer to a Division Bench Judgment of this Court, dated 30th November 2022 passed in Writ Petition No. 2187 of 2020 (Rajesh S/o Padmakar Bhangale and Another vs. State of Maharashtra and Others), wherein it has been held that admittedly the Pavitra Portal was not operative till 20th June 2018. Thus, the said reason indicated in the order cannot be said to be justified.

5. However, as regards the delay in submission of the proposal seeking approval of appointment of the petitioner, we may observe that though the Rules/Government Resolutions do not provide any time limit for submitting such proposals seeking approval of the Education Officer of the Zilla Parishad, however, in an absence of any time limit provided for such purpose under the Rules/Government Resolutions, such proposals should be made, in our considered opinion, within some reasonable period of time.

6. As per the case put up by the petitioner himself, he was appointed on 1st June 2018 and the proposal by the management of the school seeking approval to his appointment by the Education Officer was sent on 3rd August 2023, which is clearly after a lapse of period of more than five years. It is true that if any lapse has occurred on the part of the school management to send the proposal for appointment of the petitioner with such delay, the petitioner cannot be held responsible for the same. However, it is equally not understandable that a person having been appointed as assistant teacher, will keep on teaching without salary for five years and will not take any action in respect of approval to his appointment as per the requirement of the Rules.

7. Recruitment and appointment of the assistant teachers in private schools are governed by the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981 (hereinafter referred to as “the Rules of 1981”) which have been framed under Section 16(1) and (2) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act,