KUNDA MOTIRAM BODALKAR Vs. SWAMI VIVEKANAND SHIKSHAN SANSTHA

JUDGEMENT

(1.) Delay condoned. Leave granted. Heard the counsel for the appellant and the contesting Respondent 4. Also heard the counsel representing the State of Maharashtra. The counsel appearing on behalf of Respondent 6 is supporting the claim of the appellant.

(2.) The dispute in this case relates to the appointment of the Headmistress of Sant Shivram Maharaj Madhyamik Vidyalaya, Bhandara, which is a recognised secondary school run by Swami Vivekanand Shikshan Sanstha, Respondent 1. The appellant was appointed as Headmistress of the school by Respondent 6 in the year 2004. Admittedly, prior permission for her appointment was not obtained from the competent authority and that alone is the reason for which the High Court found the appointment illegal and struck it down.

(3.) It is undeniable that the appointment of the appellant as the Headmistress was made on the basis of an advertisement. It is also clear that at that time no other teacher in the school was eligible to be appointed as Headmistress. It is also not denied that later on the appellant's appointment was approved by the competent authority. We were also told that since her appointment the appellant is working as the Headmistress in the school.