Rajashree Purushottam Kaslikar vs The Deputy Director Of Education, ...
2022 Latest Caselaw 9794 Bom

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                                            26-9-2022-wp-893-2022.odt

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               NAGPUR BENCH, NAGPUR
               Writ Petition No.893 of 2022

Rajashree Purushottam Kaslikar,
Aged 50 years, Occupation - Service
(Head Mistress),
Shri Shivaji High School,
Wanoja, Washim, District Washim.                         ... Petitioner

     Versus

1.   The Deputy Director of Education,
     Amravati Division,
     Amravati 444 602.

2.   The Education Officer (Secondary),
     Zilla Parishad, Washim 444 505.

3.   The President/Secretary,
     Shri Shivaji Education Society,
     Amravati, District Amravti-444 603,
     Office at in front of Rathi School &
     Vimalabai Audatorium, Amravati.                     ... Respondents


Shri Y.P. Kaslikar, Advocate for Petitioner.
Shri     N.S.     Rao,    Assistant      Government       Pleader       for
Respondent Nos.1 and 2.
Shri Abhay Sambre, Advocate for Respondent No.3.


        CORAM : SUNIL B. SHUKRE & G.A. SANAP, JJ.

DATE : 26th SEPTEMBER, 2022

ORAL JUDGMENT (PER SUNIL B. SHUKRE, J.) :

1. Rule. Rule is made returnable forthwith. Heard finally by

consent of the learned counsel for the parties.

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2. The approval to the appointment of the petitioner as

Head Mistress of Shri Shivaji High School, Wanoja, District Washim,

run by the respondent No.3-Society, has been rejected by the

respondent No.2- Education Officer (Secondary), Zilla Parishad,

Washim, by order dated 8-9-2021 only on the ground that the

no-objection by the teachers who were senior to the petitioner was not

specific in nature, in the sense that the name of the petitioner was not

stated in the letter of relinquishment of claim given by the senior

teachers and that the relinquishment letter was required to be given

within fifteen days of the arriving of the vacancy.

3. On perusal of the reply of the respondent No.3-Society and

also the other documents placed on record and even from the facts

stated in the impugned order dated 8-9-2021, it is seen that all the

requirements have been fulfilled by the petitioner and as well as the

respondent No.3-Society. The relinquishment of claim made by the

other senior teachers was more specific, in the sense that it was in

relation to the vacancy which had arisen in the year 2019. It is not in

dispute that this vacancy was filled up in the year 2019 when the

petitioner was appointed as Head Mistress of the School. The

requirement of sub-rule (3) of Rule 3 of the

Maharashtra Employees of Private Schools (Conditions of Service)

Rules, 1981 is that whenever a teacher fails to submit his willingness

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for appointment to the post within a period of fifteen days from the

date of receipt of the communication, it is presumed that he has

relinquished his claim for appointment to the post. This is what

happened in the present case. Therefore, we find that the impugned

order rejecting the approval to the appointment to the petitioner as

Head Mistress of the School run by the respondent No.3- Society is

illegal.

4. The petition is, therefore, allowed in terms of

prayer clause (1), which reads as under :

"1. It is, therefore, humbly prayed that, the Hon'ble Court may pass appropriate order for quashing and setting aside the impugned order issued by the respondent No.2 Education Officer (Secondary) Washim dated 08-09-2021 (Annexed as Annexure P-6) by holding it unlawful, illegal and against the provisions of law."

5. We direct the respondent No.2- Education Officer to grant

approval to the appointment of the petitioner as Head Mistress of the

School run by the respondent No.3- Society within a period of two

weeks from the date of receipt of the order.

6. Rule is made absolute in the aforesaid terms. No costs.

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(G.A. SANAP, J.) (SUNIL B. SHUKRE, J.) Lanjewar

Digitally Signed By :P D LANJEWAR Signing Date:27.09.2022 17:55