Service Law – Appointment – Shikshan Sevak – Respondent no.1 was appointed as a peon in the appellant no.3-school – According to respondent no.1, he acquired requisite qualifications for the post of Shikshan Sevak and he had submitted several representations for the said post, but the same were not considered favourably – Appellant no.1 issued advertisement inviting application for appointment to the post of Shikshan Sevak – Respondent no.1 did not apply, instead after the post was filled by the appellants, respondent no.1 filed writ petition before the High Court – The writ petition was decided in favour of respondent no.1 – Correctness: Held: Once the respondent no.1 had acquired the requisite qualification in the course of his service with the respondent no. 3-School, and the relevant GR which was ultimately incorporated in the Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977, permitted appointment of a non-teaching employee in a school as a Shikshan Sevak subject to the employee acquiring the requisite educational qualifications and further, subject to such a post being available, the appellants cannot be heard to state that the respondent no.1 being a part of the non-teaching staff, was not entitled for being considered for appointment to the subject post – In fact, the language used in the regulation dated 10.06.2005, itself makes it clear that the employee was not required to take any steps by making a representation for being appointed to the post of a Shikshan Sevak and an obligation was cast on the appellants to ensure that on a permanent vacancy being available to the post of Shikshan Sevak, a member of the non-teaching staff, who would have acquired the educational qualification required for such a post, ought to be appointed directly – Therefore, the impugned judgment is well reasoned and does not require any interference. [Paras 11 and 12]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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