JAGANNATH YESHWANT KUMBHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule with the consent of the parties made returnable forthwith and heard. The above petition filed under Article 226 of constitution of India raises an issue as regards promotion to the post of headmaster in the school run by respondent institution. The petitioner seeks to challenge the order dated 14-2-2005 passed by the Education Officer Zilla parishad, Jalgaon rejecting; the approval to the petitioner's appointment on the grounds mentioned in the said letter. The said letter is sought to be challenged on grounds which we would advert to later on in this order.

(2.) Brief facts giving nise to the filing of the above petition are : the petitioner was appointed as Assistant Teacher sometime in the year 1980 in one of the Schools run by the respondent No. 2 institution. The petitioner rendered service as Assistant Teacher between 1980-2004. On 1-2-2004 the petitioner was promoted to the post of Deputy Headmaster at Sharda Madhyamik vidyalaya Kalamsare. The said appointment was approved by the respondent No. 3 Education Officer vide Ms order dated 16-8-2004 with retrospective effect from 1-2-2004. At this stage it would be relevant to note that the respondent No. 2 institution runs two schools one at Kinod and one at Kalamsare. On account of superannuation of the Headmaster on 31-1-2005 of the school at Kalamsare Shri g. R. Choudhari, the petitioner was promoted to the said post of Headmaster and there was inter se transfer between the Headmaster in the Kalamsare school and the petitioner. The petitioner was promoted and transferred to Kinod and the headmaster at Kinod was transferred to Kalamsare vide resolution No. 4 dated 25-1-2005 of the respondent No. 2. The petitioner joined the duties of headmaster at Kinod on 1.-2-2005. Thereafter the respondent No. 2 submitted the proposal of the petitioner for approval to his appointment and promotion as headmaster. In the interregnum the respondent No. 2 granted interim approval to the petitioner to work as in-charge Headmaster for the academic year 2005-2006. On consideration of the said proposal dated 5-2-2005 of the respondent No. 2 for grant of approval to the petitioner's appointment/promotion the respondent No. 3 vide it's letter dated 14-2-2005 rejected the said proposal of the petitioner on three grounds namely (i) There was a backlog for Scheduled Caste in the post of headmaster (ii) The appointment is not as per roster and (iii) The appointment should be made as per roster. It is this Older which is impugned in the above petition.

(3.) On behalf of the respondent Nos. 1 and 3 an affidavit has been filed by one Shivaji Deoram Patil working as Deputy Education Officer, Zilla Parishad, jalgaon. In the said affidavit it has been stated that as per Government Resolution dated 18-10-1997 and the Government resolution issued by the School Education department dated 29-5-1988 roster point has been prescribed for promotion to the post of Headmaster and the same has to be given effect to from the date of the government Resolution. It has been further stated that the School Education department vide circular dated 21-4-2004 has also issued clarification that when there are two or more posts of Headmaster in the institution, the same are to be filled as per the roster point. The affidavit further goes on to state that on verification being carried out by the Divisional Commissioner, Nasik Region, nasik it was found that there was backlog of Scheduled Caste category in the post of Headmaster in the schools run by the said institution and that the said institution was called upon from time to time to fill up the said backlog. The affidavit further states that the first roster point was meant for the Scheduled caste category and therefore since the petitioner does not belong to the said scheduled Caste category the proposal submitted by the management vide it's letter dated 5-2-2005 came to be rejected.