MEPS Rules | Delay In Submission Of Proposal By Management Cannot Be A Ground To Deny Approval To A Teacher: Bombay High Court

"The employee of the school is not to be blamed for late submission of the proposal. As stated above, there was a dispute between the management and therefore, mere belated submission of the proposal cannot be attributed as a reason for rejecting the proposal of the teachers." Bombay High Court, in a significant ruling, held that an individual teacher cannot be penalized for the administrative lapses or internal management disputes of an educational institution regarding the delayed submission of approval proposals.

A division bench of Justice M.S. Karnik and Justice Sandesh D. Patil observed that once an appointment is made through due process, the statutory approval cannot be withheld based on procedural delays caused by the school management or the Headmaster.

The petitioner, Mrs. Geeta Raju Singh, was appointed as a Shikshan Sevak in a 100% government-aided school on February 16, 2012. Despite completing the requisite three-year term to qualify for a permanent position as an Assistant Teacher, her approval remained pending for several years due to internal management disputes and the failure of the then-Headmaster to forward the necessary proposals to the Education Inspector. The authorities rejected her approval in 2019, citing reasons including late submission of the proposal, alleged lack of workload, and failure to fill reserved category backlogs.

The primary question before the court was whether the Education Inspector could reject a teacher's appointment approval due to the management's failure to timely submit the proposal. The court was also called upon to determine if the existence of a backlog in reserved categories could be used as a valid ground to deny approval to a candidate appointed in the open category, and whether administrative confusion within the management could jeopardize the service benefits of an otherwise qualified teacher.

Rejection of Grounds for Denial

The bench scrutinized the five-fold grounds cited by the Education Officer for rejecting the petitioner's approval. The court categorically dismissed the allegation that false documents were submitted, noting that both the management and the respondent institution had supported the petitioner’s case. The bench termed the finding that no workload was assigned to the petitioner as "totally perverse," noting that the petitioner had provided voluminous evidence to the contrary.

Teacher Cannot Suffer for Management Lapses

Regarding the delay in submitting the proposal, the court emphasized that a teacher cannot be held responsible for the internal administrative negligence of the school authorities. The bench observed that disputes between management members or the failure of a Headmaster to perform his duties cannot be allowed to prejudice the livelihood and legal rights of an employee who has continuously rendered service.

No Absolute Bar Due to Reserved Backlog

Addressing the Education Officer's contention regarding the reserved category backlog, the court relied on the precedent set in Namita Narayan Jha Vs. Education Officer (Secondary) Zilla Parishad, Gondla & Ors. The bench reaffirmed that the mere existence of a backlog in reserved categories cannot be used as a valid ground to deny approval to a candidate appointed in the open category.

"The conclusion reached by the Education Officer is totally devoid of any reason and therefore perverse."

The court found the impugned order rejecting the approval to be contrary to the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. Consequently, the High Court quashed the rejection order and directed the State authorities to grant approval to the petitioner’s appointment with effect from February 16, 2012. The court further ordered the payment of the petitioner's salary and back wages within a period of eight weeks, effectively ensuring that the petitioner is not made a victim of internal institutional chaos.

Date of Decision: 03 September 2026