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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.3419 OF 2018

Shantaram S/o Zipru Mali,

Age: 51 Years, Occu.: Service,

R/o Yashwantnagar, Shivaji Chowk,

Near Navnath Tekdi, Bhadgaon,

Tq. Bhadgaon, District Jalgaon

..PETITIONER

Versus

1.

The State of Maharashtra,

through its Secretary,

School Education Department,

Mantralaya, Mumbai.

2.

The Education Officer

(Secondary), Zilla Parishad,

Jalgaon.

3.

The Head Master,

Adarsh Kanya Vidyalaya,

and Junior College,

Bhadgaon, Tq. Bhadgaon,

District Jalgaon.

..RESPONDENTS

…

Mr. S. R. Barlinge, Advocates for the Petitioner.

Mr. A. R. Kale, A.G.P. for Respondent-State.

Mr. Kalyan V. Patil, Advocate for Respondent No.3.

…

CORAM : S. V. GANGAPURWALA &

MANGESH S. PATIL, JJ.

Closed for Orders on : 05.07.2019.

Order Pronounced on : . .2019.

FINAL ORDER (Per S. V. Gangapurwala, J.) :-

1.

The proposal seeking approval to the

appointment of the petitioner is rejected.

Aggrieved thereby, the present writ petition.

2.

Mr. Barlinge, learned counsel for the

petitioner submits that the petitioner was

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appointed as part-time teacher from 2005 to 2006

and was working continuously for nine years. The

petitioner was appointed after following due

selection process. In the year 2014, vacancy of

full-time teacher arose on account of voluntary

retirement of Smt. K. H. Khan. The management

passed a Resolution appointing the petitioner to

the post of full-time teacher on 28.04.2014. The

learned counsel submits that the appointment of the

petitioner as Part Time was approved by the

Eduction Officer from time to time. The petitioner

is appointed as full-time teacher by Resolution

dated 28.04.2014 with effect from 16.06.2014. The

learned counsel submits that the Government

Resolution dated 02.05.2012 prohibiting fresh

appointed will not apply in the present case. The

petitioner was already working as part-time teacher

for more than nine years. It is only now full-time

teacher post is available, the petitioner is

appointed as full-time teacher. The respondents

are also not releasing salary of the petitioner.

The learned counsel relies on the Government

Resolution dated 08.08.1996 to submit that the

Higher Technical Education Department has also

taken a view that those who are working as part-

time teachers in Non-Government Colleges shall be

absorbed as full-time teachers.

3.

Mr. Kale, learned A.G.P. submits that the

petitioner was never appointed as full-time teacher

by following due selection process, as required

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under Section 5 of the Maharashtra Employees of

Private Schools (Conditions of Service) Regulation

Act, 1977. In the year 2014, there was also ban on

fresh recruitment as per the Government Resolution

dated 02.05.2012. Unless 100% surplus teachers are

absorbed, no fresh appointment could have been

made.

4.

The learned A.G.P. further submits that

the Government Resolution dated 08.08.1996 relied

by the petitioner is issued by the Higher Technical

Education Department and not by the School

Education Department. The same is not applicable.

5.

We have considered the submissions

canvassed by the learned counsel for the respective

parties.

6.

The petitioner it appears is appointed on

sanctioned post as the part-time teacher. It also

appears that the petitioner was appointed as part-

time teacher after following the due selection

process, as is required under Section 5 of

Maharashtra

Employees

of

Private

Schools

(Conditions of Service) Regulation Act, 1977. The

appointment of the petitioner as part-time teacher

is approved from time to time by the Education

Officer. Since 2004 to 2014 the petitioner was

working continuously as part-time teacher and his

appointment as part