Teachers cannot take the fall for the mistake of management during appointment of vacancy – Bombay HC
TITLE : Sandeep Chudaman Shinde v The State of Maharashtra
CORAM : Hon’ble justice Ravindra V. Ghuge and Hon’ble Justice Y.G Khobragade
DATE : 8th December, 2023
CITATION : W.P No 7740 of 2021
FACTS
The petitioners were Education Officers and were granted a pay scale of Rs.9300-34800 and were regularly receiving their salaries. A complaint was filed by a stranger addressing the Deputy Director of Education, alleging that the Petitioners were illegally appointed as Educational Officers. The salaries of the petitioners were continuously withheld despite being in the service of shikshan Sevak for 3 years and having an ID.
After certain investigations, it was found that the petitioners were not appointed by following the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. The petitioners got appointed for seats which was not vacant and the approval for ID was not submitted to the concerned office in appropriate time.
LAWS INVOLVED
Section 5 of the M.E.P.S Act, 1977 gives certain obligation for management of private schools.
It states that :
- The management shall appoint for permanent vacancy as soon as they find a qualified person. The vacancy can be filled through an act of promotion as well.
- The person appointed shall be in a probation period for 2 years except for Assistant teacher(probationary)
- Assistant teacher(probationary) will be a teacher after 3 years of probation period
- If the management decides the work of the teacher is not up to the mark during the probation period, they may terminate them with one month notice period. If he/she is reappointed, the previous probation period will be considered.
- The management shall also fill temporary vacancies by appointing qualified persons.
ISSUES
- Whether the appointment of petitioners when there was no vacancy valid?
JUDGEMENT
The court held that the when the petitioners have been working for so long, the approval of appointment cannot be rejected by the Education Department unless theres any fraudulent or illegality turns out from the employment. The fault of the management should not be at the burden of the employees. The court stated that both the Petitioners are qualified and have the requisite qualifications for being selected and appointed as Shikshan Sevak and to be confirmed in employment as Assistant Teachers and if the Management was responsible for certain irregularities, the Petitioners could not be faulted.
The court also directed the Education Department to not entertain complaints from strangers and unconnected persons.
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Written by- Sanjana Ravichandran