Promotion of an employee must comply with principles of natural justice, including providing a hearing before rejecting a promotion proposal, distinguishing between promotions and fresh appointments.

JUDGMENT :

HITEN S. VENEGAVKAR, J.

1. The petitioner has approached this Court by invoking the extraordinary jurisdiction under Article 226 of the Constitution of India seeking; (i) quashing and setting aside the impugned communication dated 07.08.2025 issued by the Deputy Director of Education, Aurangabad, and (ii) direction to the said authority to grant approval to the promotion of the petitioner to the post of Assistant Teacher within a stipulated period.

2. The factual matrix that can be narrated from the pleadings in the petition is that the petitioner is a graduate holding Bachelor’s degree in Agricultural and also Master’s degree in Biotechnology and he belongs to socially and educationally backward category. The petitioner came to be appointed on a clear, vacant and sanctioned post of Junior Clerk by an appointment order dated 10.10.2019 in Jai Bhavaji Vidyamandir and Higher Secondary School, Devlegavahn, Tq. Jafrabad, Dist. Jalna, which is run and managed by the Dnyanraj Shikshan Prasark Mandal, Sawangi Tekale, Tq. Deulgaonraja, Dist. Buldhana. According to the petitioner, his appointment was made by following due process of law as contemplated under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 against a clear vacancy to which the State Government was initially sanctioned on unaided basis. Consequently, the State Government granted 20% grant in aid to the School, which was gradually increased and as on today, the institution is receiving 60% grant in aid.

3. The petitioner further submits that he was promoted to the post of Senior Clerk and the proposal for approval was submitted by Headmaster on 06.06.2024 and 26.06.2024 to the Education Officer (Secondary), Jalna for approval. After due scrutiny and satisfaction, the Education Officer on 05.07.2024 had granted permanent approval to his initial appointment on the post of Junior Clerk and also approved his promotion to the post of Senior Clerk. The petitioner’s name was thereafter included in Shalarth Pranali by order dated 18.07.2024 passed by the Deputy Director of Education, Aurangabad.

4. During the course of his service, the petitioner acquired B.Ed. qualification. A vacancy on the post of Assistant Teacher in the subject of Biology arises in the school on account of death of one Shri. Kautik Anandrao Gawande on 10.01.2021, which was the sanctioned post.Considering the petitioner’s qualifications and seniority, the Management passed resolutions dated 09.06.2024 and 28.09.2024 promoting the petitioner to the post of Assistant Teacher. Pursuant thereto, a promotion order was issued on 07.10.2024, and accordingly, the petitioner joined the post of Assistant Teacher on 11.10.2024. The proposal seeking approval for the promotion of the petitioner from Senior Clerk to Assistant Teacher was forwarded along with requisite documents by the Headmaster to the Deputy Director of Education, Aurangabad on 10.10.2014. However, it is the contention of the petitioner that without affording an opportunity of hearing, the Deputy Director, Aurangabad on 07.08.2024 rejected the proposal on the ground that the petitioner’s appointment as Assistant Teacher is not in accordance with Government Resolution dated 10.06.2022. The Deputy Director of Education has held that appointments of Assistant Teachers are required to be made only through Pravitra Portal and cannot be made directly. Feeling aggrieved by the said decision, the petitioner has preferred the present petition.

5. Learned Advocate appearing for the petitioner vehemently submitted that the decision of the Deputy Registrar of Educ