SANDEEP DAMODAR CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Taken up for final hearing by consent of parties.

(2.) The petitioner was appointed as an assistant teacher in one of the schools administered and managed by the respondent No.3 which is a public trust, so also a society. At the time of initial appointment, the petitioner was very much eligible and qualified for being so appointed as he possessed the qualification of B.Sc. B.Ed. The initial appointment of the petitioner being in clear and permanent vacancy, he was appointed on probation for a period of two years. On satisfactory completion of probation period, the management has bestowed status of a confirmed employee on the present petitioner in adherence to the provisions of Section 5 of the M.E.P.S. Act. The head master/school management submitted petitioner's proposal to the Education Officer for according an approval after the appointment of the petitioner as an assistant teacher. However, the Education Officer by his order dated 19th March, 2005 did not grant the approval as asked for by pointing out certain deficiencies. One of the deficiency was that management had not intimated the Education Officer about position of backlog in relation to the reservation of backward class.

(3.) It is the case of the respondent/ management that after removing deficiencies, the proposal was thereafter again forwarded to the Education Officer, however, this time, the proposal was not favourably considered on the ground that there exists backlog in regard to appointment of candidates belonging to the backward class.