Allowed

K.E. Verghese v. Education Inspector, H-Ward, Greater Mumbai, Western Division and 5 Ors.

Bombay HC15 Dec 2011WP/854/2011

Case brief

AI extract

What is this about?

The Court granted a writ petition filed by a Vice Principal challenging the rejection of his promotion proposal. The Court held that since the Deputy Director had not objected to the petitioner's earlier appointment as a teacher on qualification grounds, they could not now decline promotion based on the same issue. The impugned order was set aside with a direction to reconsider within four weeks.

What did the court decide?

The Deputy Director's order setting aside the promotion approval was quashed. The petitioner was directed to reconsider the appointment proposal within four weeks.

K.E. Verghese Vs Education Inspector, H-Ward… — Pension and Retirement Benefits | Bombay HC (2011)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 854 OF 2011

K.E. Verghese

....Petitioner.

Vs.

Education Inspector

...Respondent.

Mr. Ram Upadhyay i/by M/s. Law Competers Consultants for the Petitioner.

¶11

Ms. Anjali Halekar, AGP for Respondent Nos. 1 to 3.

¶12

Mr. Vinod Singh i/by Mr. Ravi Thankaian for Respondent No. 15.

¶13

CORAM :- D.K DESHMUKH AND ANOOP V. MOHTA, JJ. DATE :- 15 DECEMBER, 2011.

¶14

P.C. :-

¶15

Rule, returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.

¶16

2 The Petitioner who has been appointed as a Vice Principal of Junior College, has filed this Petition making a grievance against the order of the Deputy Director of Education declining to approve the appointment of the Petitioner as a Vice Principal on the ground that he does not have required educational qualification.

¶17

3 Perusal of the record however shows that the Petitioner was

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appointed as a teacher and admittedly his appointment as teacher was approved by the Education Department. It is common ground that no higher educational qualification is necessary for being eligible for appointment as a Vice Principal. As the appointment of the Petitioner as a teacher is approved without raising any objection that he lacks necessary educational qualification, in our opinion, the Deputy Director was not justified in declining to approve the promotion of the Petitioner to the post of Vice Principal on the ground that he lacks educational qualification.

¶22

4 In the result, therefore, the Petition succeeds and is allowed. The order of the Deputy Director declining to approve the appointment of the Petitioner as a Vice Principal is set aside. The Deputy Director is directed to reconsider the proposal submitted by the Management for approval of the appointment of the Petitioner as a Vice Principal in accordance with law, as expeditiously as possible, and in any case within a period of four weeks from today.

¶23

5 Rule is made absolute, accordingly. There shall be no order as to costs.

¶24

(ANOOP V. MOHTA, J.) (D.K.DESHMUKH, J.)

K.E. Verghese v. Education Inspector, H-Ward, Greater Mumbai, Western Division and 5 Ors.

Case brief

What is this about?

What did the court decide?

K.E. Verghese v. Education Inspector, H-Ward, Greater Mumbai, Western Division and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

Coram

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