Bombay High Court
Megha Dadaji Deore vs The Deputy Director (Education), ... on 12 June, 2025
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2025:BHC-AS:24210-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
by
HUSENBASHA
CIVIL APPELLATE JURISDICTION
HUSENBASHA RAHAMAN
RAHAMAN NADAF
NADAF
Date:
2025.06.19
WRIT PETITION NO. 13651 OF 2016
14:23:31 +0530
Megha Dadaji Deore ]
Age: Adult, Occ: Services ]
Residing at Post Sawkarwadi, ]
Tal. Malegaon, District Nasik ] ...Petitioner
Versus
1. The Deputy Director (Education) ]
Nashik Divison, Nashik Road Nashik ]
2. The Education Officer (Secondary) ]
Zilla Parishad, Nashik Near ]
Chatrapati Shivaji Stadium Nashik ]
3. The Chairman ]
Sarvangin Vikas Mandal Tehere, ]
Taluka Malegaon District Nashik ]
4. The Secretary ]
Sarvangin Vikas Mandal Tehere, ]
Taluka Malegaon District Nashik ]
5. The Principal ]
Samata Vidyalay and Higher ]
Secondary School, Tehere, ]
Taluka Malegaon District Nashik ] ...Respondents
Ms. Varsha Palav a/w. Mr Rekha Musale & Mr. Ajinkya Palav,
Advocates i/b. The Laureate, for the Petitioner.
Ms. Priyank Chavan, AGP for Respondent Nos.1 & 2/State.
Ms. Pooja Malik i/by Mr. N.R. Bubna, Advocate for Respondent
Nos.4 & 5.
****
CORAM : RAVINDRA V. GHUGE &
M.M. SATHAYE, JJ.
DATE : 12th JUNE, 2025
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JUDGMENT (Per Ravindra V. Ghuge, J.)
1. Rule. Rule made returnable forthwith and heard
finally, by the consent of the Parties.
2. The Petitioner has put forth the following prayers :-
"a) Rule be issued;
b) By an appropriate Writ, Order or
Direction of this Hon'ble Court, the
Respondents be directed to regularize the
Petitioner's service as Assistant Teacher for
full-time from the date of her appointment
i.e. 15th July, 1997 till date and the same be
continued to teach the subject "Marathi"
with Samata Secondary and Higher
Secondary School being run Sarvangin
Vikas Mandal, Tehere, Tal. Malegaon, Dist.
Nasik; and all the consequential benefits
thereto be made available to her;
c) Pending the hearing and disposal of
the present petition, this Hon'ble Court be
pleased to continue the Petitioner's service
as an Assistant Teacher to teach the subject
"Marathi" with Samata Secondary and
Higher Secondary School being run
Sarvangin Vikas Mandal, Tehere, Tal.
Malegaon, Dist. Nasik;"
3. The Petitioner contends that she acquired her
Masters Degree (post graduate) in Arts with 1st Class in the
Marathi subject, in 1995. She completed her B.Ed course in the
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1996. On 15.07.1997, she was appointed on clock hour basis by
the Respondent Management. Such engagement was continued
from 12.06.1998, with further orders passed each year. On the
basis of the record, it is clear that she was appointed on clock
hour basis by the Chairman and Management on year-to-year
basis.
4. On 11.12.2010, the Petitioner addressed a letter to
the Principal of the School indicating that a full-time sanctioned
post for the subject English and Marathi were advertised in
Dainik Lokmat Newspaper. The Petitioner was taken back by the
said advertisement and she, therefore, requested the Management
to consider her case on sympathetic ground for engaging her on a
full-time basis. The voluminous records placed before us indicate
that even the approval granted by the Competent Authority to the
Petitioner's engagement, was purely on clock hour basis, on
yearly basis.
5. The Management has relied upon a legal reply dated
21.07.2016 to the legal notice dated 28.06.2016, which was
issued on behalf of the Petitioner. The contents of the legal notice
were denied by the Management in a lengthy reply and it was
also brought to the notice of the Petitioner's Advocate that the
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Petitioner was not reporting for duty on clock hour basis, from
16.06.2016. As per the staffing pattern, there was no work load
of a full-time teacher or requirement of a full-time teacher.
6. The learned AGP has referred to the affidavit-in-
reply dated 10.08.2018 filed by the Assistant Director of
Education, Nashik Region. It is specifically averred that the
Petitioner has been consistently engaged by the Management on
clock hour basis. The Petitioner was never engaged on a
sanctioned aided post of an Assistant Teacher for Marathi
subject. It is contended that neither the Petitioner is working
from 2016, nor is a vacant permanent post available.
7. The approvals that were recorded by the Education
Department were purely on clock hour basis from time to time.
The work load handled by the Petitioner was for 11 periods in the
academic year 1998-99. The workload was of 12 periods on
clock hour basis in the year 2003-04. For academic year 2004-
2005, the approval was for 10 periods on clock hour basis on the
condition that the expenditure of the salary would be borne by
the Management. Until the academic year 2015, she was working
on clock hour basis. In paragraph 21 of the affidavit, it is stated
that she never participated in any recruitment process for a
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sanctioned full-time teacher's post.
8. In the light of the above, we do not find that the
Petitioner could make out a case for issuance of a direction to
treat her service on a full-time sanctioned post. It is beyond
debate that an employee can be granted approval for a sanctioned
full-time grant-in-aid post only if the post is created under
staffing pattern and is available. Moreover, the claimant has to
participate in the selection process to be conducted for
recruitment to such a post. The Management brings to our notice
that the Petitioner has not been working from 2016 onwards.
There is no record before us indicating that the Education
Department has granted approvals to the Petitioner's engagement
on clock hour basis even for the academic year 2017-2018 or
thereafter.
9. In view of the above, this Writ Petition is
dismissed. Rule is discharged.
(M.M. SATHAYE, J.) (RAVINDRA V. GHUGE, J.)
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