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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAVINDRA V. GHUGE, ASHWIN DAMODAR BHOBE
Tanangi Kenchappa Gurubala – Appellant
Versus
State of Maharashtra, Through the Principal Secretary – Respondent
JUDGMENT :
(Ravindra V. Ghuge, J.)
1. This matter was specifically listed on today's board by an order passed by the earlier bench, on 15th January 2025.
2. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
3. The Petitioner has put forth prayer clauses (a), (b) and (c), as under:
“(a) That this Honourable Court be pleased to issue a writ of certiorari and /or any other order or direction in the nature of certiorari quashing and setting aside the impugned letter /decision dated 19.09.2016 which has been marked and annexed hereto as Exhibit G.
(b) That this Honourable Court be pleased to issue a writ of mandamus and/or any other order or direction in the nature of mandamus directing the Respondent No. 3 to regularise the services of the Petitioner as Assistant Teacher w.e.f. 01.01.2015 and grant approval to the services of the Petitioner as a Full Assistant Teacher w.e.f. 01.01.2015 and grant approval to the services of the Petitioner as a Full Time Assistant Teacher w.e.f. 01.01.2015.
(c) That this Honourable Court be pleased to issue a writ of mandamus and/or any other order or direction in the nature of mandamus directing the Respondents No.3 or the R
The court emphasized adherence to reservation policies in employment, ruling that the Management's illegal appointment of the Petitioner must be rectified by regularization.
Appointments must be made against available sanctioned vacancies, and the initial entry of an employee must comply with the Rules and Regulations governing such entry.
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 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....
Compliance with mandatory provisions of the MEPS Act and Rules is essential for the validity of appointments in private schools.
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.
The main legal point established is that routine affairs of an institution, including appointments and approvals, should be considered independently of disputes in management.
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