2] Approval to the appointment of the petitioner as a Clerk in a private aided school accorded by the Education Officer on 2nd February, 2016 for a period of 3 years effective from 26th September, 2012 has been revoked/set aside by the Under Secretary, School Education and Sports Department, Government of Maharashtra by communication dated 3rd May, 2016. The petitioner has assailed the said order. Apart from the competency of the Under Secretary to set aside the order, even on consideration of the merits, the order impugned in this petition is not sustainable. The reason recorded in the order dated 3rd May, 2016 is failure of the institution to secure prior permission of the Education Officer before making the appointment of the petitioner. It is recorded in the order that the institution ought to have secured prior permission of the Education Officer before publishing the advertisement. The object of securing prior approval of the Education Officer is to ensure accommodation of the surplus employee, if any. It has been specifically reported by the Education Officer, Zilla Parishad, Oamsnabad by communication dated 11th January, 2016 to the Under Secretary, Government of Maharashtra, that in the Osmanabad District, during the relevant period no surplus employee from the clerical cadre was available for accommodation in any other private school as per the policy prescribed by the State Government on vide Government Resolution dated 2nd May, 2012. Since there was no surplus employee available for accommodation in the District at the relevant time, no prejudice was caused to anybody in making appointment of the petitioner. The relevant rule quoted in the impugned order i.e. Section 5(1) of the
