Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maharashtra Employees of Private Schools (Condition of Service) Rules 1981: r.3- Promotion- Post of Principal- Appellant-writ petitioner senior most lecturer - Post of Principal fell vacant - Another person appointed - Writ petition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Maharashtra Employees of Private Schools (Condition of Service) Rules, 1981: r.3—- Promotion — Post of Principal— Appellant-writ petitioner senior most lecturer — Post of Principal fell vacant — Another person appointed — Writ petition — Pending that advertisement issued inviting applications for direct recruitment to the post of Principal — Plea of appellant that post of Principal in a private polytechnic has to be filled up necessarily by promotion by virtue of r.3— High Court disposed of writ petition by holding that appellant was entitled to all benefit as officiating Principal but did not enter into the controversy as to who should be selected and appointed as regular Principal — Appellant filed another writ petition claiming promotion to the post of Principal u/r.3(3) — High Court disposed of writ petition allowing the Education Society running the polytechnic to approach the Director of Technical Education for permission to issue fresh advertisement — Director rejected the appellant’s prayer holding that post is to be filled up by direct recruitment — Writ petition by appellant for quashing Director’s order and directions to the concerned authorities to promote him— High Court decided against the appellant — On appeal, held: Sub- rule (5) of r.3 permits direct recruitment only after obtaining. prior permission of the competent Government Officer in a situation where no suitable teacher possessing the prescribed qualifications is available for promotion as Head — Mode of appointment prescribed under the statutory r.3(3) could not have been ignored and since the appellant was admittedly the senior most member of the teaching staff and in the earlier judgment was also held entitled to all the benefits of In-charge Principal of the polytechnic, he could not have been denied appointment by promotion to the vacant post of Principal - As regard the age of superannuation, even as a teacher the appellant’s age of superannuation could have been considered for extension upto 62 years if steps were taken for the same in due course — Appellant was not promoted due to erroneous order of Director otherwise he would not have superannuated before 65 years or in any case 62 years — Therefore, in the interest of justice, authorities are directed to immediately reinstate the appellant and also appoint him by promotion to the post of Principal - Maharashtra Employees of Private Schools (Condition of Service) Regulation Act, 1977 —All India Council for Technical Education Act, 1987 —s.23 /w s.10(i) and (v) — Education. |
Judge | Hon'ble Mr. Justice Shiva Kirti Singh |
Neutral Citation | 2015 INSC 948 |
Petitioner | Pramod |
Respondent | State Of Maharashtra& Ors. |
SCR | [2015] 15 S.C.R. 131 |
Judgement Date | 2015-12-29 |
Case Number | 14735 |
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