Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAVINDRA V. GHUGE, ASHWIN D. BHOBE, JJ.
Shree Doodhganga Vedhganga – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
ASHWIN D. BHOBE, J.
1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
2. The decision dated 28.10.2022 passed by the Respondent No.2, rejecting the Proposal No.257 dated 21.09.2022 submitted by the Petitioner Nos.1 and 2, seeking approval to the appointment of the Petitioner No.3 on the post of Junior Clerk in the Petitioner No.2 High School, is assailed in the present petition.
3. Factual Matrix:-
(a) Petitioner No.2 (High School) is managed and run by the Petitioner No.1(Institution). A post of Junior Clerk is earmarked in the ‘Sanch Manyata’ pertaining to the Petitioner No.2, from the year 2012 till 2021. Mr. Dattatraya Shripat Patil was working on the said post.
(b) Upon the superannuation of said Dattatraya Shripat Patil, on 31.07.2022, the Petitioner Nos.1 and 2 applied to the Respondent No.2, inquiring availability of any surplus non-teaching staff and if not to accord permission to initiate the process of recruitment to fill up the said post, by issuing advertisement. Draft of the proposed advertisement was appended to the said application dated 15.07.2022.
(c) As no response was received from the Respondent No.2, the Petitioner No
The recruitment process for non-teaching staff in aided schools must adhere to transparency and fundamental rights, ensuring that candidates are not penalized for management's irregularities.
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....
Approval for appointment of educational staff must adhere to existing vacancies and established communication protocol; unmanaged delays by authorities warrant administrative accountability.
The appointments were found to be void ab initio due to the lack of essential qualifications and the flawed selection process.
The court ruled that procedural irregularities in the appointment process do not invalidate the appointment, especially when the candidate has served uninterruptedly for over a decade.
The recruitment process for educational appointments must be conducted fairly, transparently, and in accordance with statutory provisions to ensure compliance with principles of natural justice and e....
The main legal point established in the judgment is that the appointment of the petitioner as an Assistant Teacher was made against a substantive vacancy, entitling the petitioner to regularization u....
Post of Clerk – Selection process - Appointment of petitioner/respondent, if allowed, will amount allowing a person to be appointed without following procedure of law as selection process of petition....
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.
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
