GEETA GANPATRAO SURYAWANSHIYA Vs. SHRADDHEYA MAHILA BAHUUUDESHIYA SANSTHA

JUDGEMENT

(1.) Rule is made returnable forthwith and heard finally by consent of the parties.

(2.) The petitioner has challenged order of suspension dated 12.05.2011 suspending her from the post of Headmistress for whimsical and capricious behaviour and for irregularities committed during past fourteen years.

(3.) Shri Chandurkar, learned counsel for the petitioner, submitted that the suspension is illegal in view of the admitted fact that the management failed to obtain prior approval of the Education Officer under Rule 35(2) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. The learned counsel relied on a judgment of the Division Bench of this Court in Hamid Khan Vs. Edu. Officer, Amravati, 2004 4 MhLJ 513 for the proposition that except in emergent circumstances prior approval of the Education Officer must be obtained. Rule 35 reads as follows :