Appointment of a part-time teacher as a full-timer valid even after the resolution is passed after 2 years: Bombay High Court
Title: Mrunal Mandar Joshi v. The State of Maharashtra and Ors.
Decided on: 1st August, 2023
+ WRIT PETITION (ST) NO. 8607 OF 2023
CORAM: G.S.Patel & Neela Gokhale, JJ.
Facts of the Case:
Mrunal Mandar Joshi, the petitioner was an Assistant Teacher for Chemistry in a school. When one of the senior-most teachers retired, there was a vacancy for the post of a Full-time Chemistry teacher. Being eligible for the post she was appointed as a full time teacher on Dec. 30th 2014.
However, in 2016 when the senior-most faculty retired the decision of the management was sent to the Department which did not approve her appointment on the grounds that the resolution of the management to appoint her was after 2 years and that the particular post was reserved for people under VJ-NT, not for general category.
Issues
Whether the appointment of the petitioner valid because the resolution was passed 2 years after her appointment?
Contentions
The appellants claimed that the appointment was in accordance with the due requirements. In 2016, there were indeed 7 open spots and therefore, it was for the general category as well. Moreover, it is the Government’s Resolution that part-time teacher can be appointed full-time once there is a vacancy for that subject. The petitioner is therefore rightly appointed.
The Respondents contented that as there was a delay of 2 years in filing for approval of the Department, it is not valid. The Department pointed out this delay to buttress their refusal in sanctioning the approval. It was also alleged by them, that he spot was reserved for VJ-NT category and not general.
Decision
The Petitioner cannot be faulted and penalised for the acts or omissions of the Management in completing the requisite formalities. The Petitioner has served as a Chemistry Teacher in the School for as many as 11 years. There are no complaints against her, and she has an unblemished service record. She was appointed as part-time teacher after participating in a duly followed selection procedure. She is otherwise eligible for the post. Even the resolution speaks of retrospective appointment of the petitioner.
Therefore, her appointment to the post was upheld and she was to get her balance salary in 4 weeks with an interest of 18% p.a.
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Written by- Aparna Gupta, University Law College & Dept. of Studies in Law